□ Reporter Rosasa
□ Our correspondent Li Jinping and Chen Feiyang
Shared bicycles, shared power banks, shared massage chairs... At present, the sharing economy is booming, and the Internet rental platform business is also becoming increasingly prosperous.
Qiu from Nantong City, Jiangsu Province, rented a mobile phone by paying the rent in installments through the Alipay applet. Unexpectedly, the mobile phone that was overdue for payment of rent was automatically "rented for resale", and the person unable to pay was listed as the person subject to execution.
Qiu, a woman born in the 1990s, rented a mobile phone through the Alipay applet by paying the rent in installments. The lease period is 12 periods, and the rent for each period is more than 600 yuan. After expiration, she can choose to return it directly or pay another 6,000 yuan to buy out the mobile phone. cell phone.
After paying a deposit of more than 1,900 yuan and paying three rent installments, Qiu was unable to continue paying rent due to financial constraints.
According to the agreement, if the payment is overdue for more than 15 days, the mobile phone will automatically be "rented for resale", which means that Qiu must pay a buyout of more than 7,000 yuan.
Because Qiu failed to perform his payment obligations in a timely manner, a small program company filed an arbitration application in accordance with the terms of the user agreement.
According to relevant legal provisions, the arbitration committee made a ruling that Qiu must pay the relevant money.
Because Qiu still failed to perform, a small program company applied to the Tongzhou District Court of Nantong City for compulsory execution.
After reviewing the case, the execution judge Li Jinping noticed that the cost of breach of contract was not low. Based on the concept of good faith and civilized execution, he communicated with the applicant for execution and made appropriate concessions. At the same time, he urged Qiu to actively perform. Finally, the two parties reached an execution settlement.
"While handling the case, I found that there were many similar execution cases, and many of the persons subject to execution were college students." Li Jinping said that most of these cases were financial companies using the Alipay applet to pay "low monthly rent" "" is an excuse to attract consumers to rent mobile phones in installments. After the rent is overdue, they will automatically "lease and resell". There are problems such as the rental and fee standards for some mobile phones exceeding the legal maximum interest standards, and the leasing process does not fully protect consumers' right to know.
To this end, the Tongzhou District Court issued judicial suggestions to Alipay, reminding it to strengthen the comprehensive review of the funds, scale, and reputation of applying merchants, standardize the entry threshold for merchants in the leasing industry, strictly implement rental rate regulations, and punish illegal merchants. Punish and remove the platform; fully protect consumers' right to know, and set up hard reminder procedures for important terms in lease contracts; strengthen the review of college student user qualifications, focusing on investigating whether platform merchants are involved in online loan activities. Situations of consumption and excessive consumption shall be dealt with seriously; jointly with the judicial departments to establish a co-governance system, carry out targeted "electronic installment leasing" routine loan activities, and carry out key crackdowns on high-priced leasing, leasing by minors and other areas.
After receiving the judicial suggestion, Alipay set up a special team to conduct analysis and judgment, and carried out large-scale and powerful rectification of relevant issues: it sent a rectification notice to the mini program operator and adjusted the SKU (stock keeping unit) that violated the pricing rules. or removed from the shelves; strengthen page introductions and reminders, improve transaction agreements in leasing scenarios; strengthen platform customer service support to facilitate customers to understand transaction details.
Alipay stated that it will continue to pay attention to new risks and issues in innovative development in the future, strengthen cooperation and exchanges with regulatory authorities and judicial institutions, and effectively protect the legitimate rights and interests of users.
Li Jinping reminded that nowadays, online shopping installment payment has become a new favorite among young people because of its convenience, which reduces the burden of one-time payment. However, after online shopping installment payment, you still need to pay on time for each installment.
Under normal circumstances, the installment fee is often related to the number of periods. The longer the period, the higher the fee. Consumers should choose the appropriate period according to their own circumstances, clearly understand the conditions for early repayment, and clearly note the monthly repayment date to avoid overdue payments. Repayment will result in penalty fees or bad credit history.
(Rule of Law Daily)