China News Service Client, Beijing, July 3 (Xie Yiguan) Recently, the host of Hunan Satellite TV collectively "reverse". After Tong Zhuo and Gao Tianhe cheated during the cheating and overturning the screen, Wang Han rushed to the hot search on the 1st because he once endorsed that the company "love money into APP was filed for investigation".

  On the 2nd, "Wang Han issued a statement to apologize" once again became a hot topic, and pressured the old godmother to take the first place. As a former spokesperson, should the celebrities be held responsible after the accident? Can apology be exempt?

Screenshot of Weibo hot search at 20 o'clock on July 2nd.

Hundreds of billions of P2P platform "love money in" accident

  On the 1st, "Aiqianjin APP was filed and investigated" was posted on the online hot search, and some investors reported on Weibo, "Expired in March 2019, the principal is now a year and a half, and no points can be taken out. ! ”

  As a veteran P2P company, Aiqianjin went live on May 6, 2014. The official website shows that as of July 2, 2020, the platform has cumulatively served 16.79 million users, accumulated a return of 9.897 billion yuan for users, and accumulatively matched transactions of 231.921 billion yuan.

  On the 2nd, a reporter from found that there were a lot of complaints against Aiqianjin on Weibo. On the black cat complaint, there are also many complaints against Ai Qianjin, there are currently 3,810; on the poly complaint, the number of complaints about Ai Qianjin has reached 5,340.

The screenshot is from the Black Cat complaint.

  The carding found that the complaints mainly focused on the overdue products of the Aiqianjin platform, the non-repayment of the loan due, and the forced lender to discount the creditor's rights.

  In this regard, Aiqianjin responded on the evening of the 1st that it has been working hard to promote everyone's debt-to-debt transactions, but whether the transfer can be successful depends on the market environment, the borrower's repayment willingness and the intention of other users to transfer their creditors' rights. The current market is active The degree is lower and the waiting time for the transfer is longer.

  Regarding the problem of "harvesting lenders maliciously through emergency discount channels", Aiqianjin explained that it is an export for lenders with capital needs, whether it is completely voluntary to transfer their own assets at a discount. However, some netizens reported that they had not received the notice of arrival after a discounted transfer.

  "At present, the company is still in normal operation." Ai Qianjin also said.

The screenshot is from the website of Beijing Local Financial Supervision Administration.

  However, a reporter from saw from the website of the Beijing Local Financial Supervision Administration that some investors raised the issue of loving money and not refunding money on maturity. On May 8, the Beijing Local Financial Supervision Administration The reply stated: The public security organ has filed a case to investigate the platform, and relevant departments will deal with it strictly in accordance with the judicial disposal procedures.

  According to the official website of Aiqianjin, as of May 31, 2020, the loan balance of Aiqianjin was 22.76 billion yuan, and the number of loan balances was 1.876 million. The cumulative loan amount per capita was 49,600 yuan. At present, its overdue amount is 6.629 billion yuan, and the number of overdue pens is 421651.

Screenshot from Aiqianjin official website.

Advertisements have been placed in many TV series, and Wang Han and Liu Guoliang have been spokespersons

  According to the data from Tianyan, Aiqianjin is a wholly-owned subsidiary of Shanghai Rongshu Network Technology Co., Ltd. The legal representative of both is Dong Qi. The latter company has changed its name many times, and its previous names include Fanpujinke Enterprise Development (Shanghai) Co., Ltd. and Pratt & Whitney Financial Information Services (Shanghai) Co., Ltd. Among the shareholders of Shanghai Rongshu Network Technology Co., Ltd., there are well-known venture capital institutions such as Gao Rong Capital.

  On the P2P rivers and lakes, love Qianjin may not be the most famous, but it is very marketing. The popular dramas "Old Nine Gates", "Drunken Linglong", "Chu Qiao Biography", "Bai Ye Chasing the Murder", "That Year's Blossoms of the Moon" and "Ode to Joy" were all embedded in their advertisements.

  In order to enhance the brand image, Ai Qianjin invited Wang Han to make an endorsement a few years ago. The variety show "Wild Kitchen" that Wang Han had participated in the recording also appeared a figure of Ai Qianjin.

The picture is from Aiqianjin's official Weibo.

  On the 1st, after Aiqin entered and exited, many netizens rushed into Wang Han's Weibo comment area, shouted to Wang Han to pay back the money, and topped the search for "Wang Han was urged to borrow".

  On the 2nd, according to media reports, Wang Han issued a statement apologizing, saying that he had spoken for the "Love Money Advance" APP from the end of 2016 to 2018. When I heard that the "Love Money Advance" product was delayed, I contacted the platform many times and urged them to solve the problem for everyone as soon as possible. He and the team of lawyers will actively follow up this matter with everyone and face it with everyone.

  The reporter noted that Ai Qianjin's public information shows that in February 2019, Ai Qianjin signed Liu Guoliang as a spokesperson. At present, Liu Guoliang's Weibo comment area has also been heavily commented by netizens on topics related to Ai Qianjin.

Screenshots of Weibo's hot search at around 20 o'clock on July 2.

  In fact, there are more than one star who endorses P2P rollovers. For example, Huang Xiaoming once endorsed East Hongqiao Finance under Kuailu Group, and later the East Hongqiao Finance appeared to be overdue; the 88 wealth parent company Zhongke Chuang Group, which pianist Lang Lang had endorsed, was suspected of self-financing; Tang Yan, Li Xiang, Qu Ying, Actresses such as Zhong Liti and Hu Jing played advertisements for the accidental E Zoubao.

Should the spokesperson take responsibility for an accident on the P2P platform?

  "When seeing the love money that Wang Han and Liu Guoliang endorsed to buy, they should bear the responsibility of endorsement." Many investors said so, "Wang Baoqiang has returned the endorsement fee, and the endorsement star cannot take the endorsement fee. After the accident, it said it had nothing to do with yourself."

  Do celebrities take responsibility for the products they endorse? Huang Zhen, director of the Institute of Financial Law of the Central University of Finance and Economics, told reporters at that the spokesperson does not need to bear the responsibility for compensation for the investment losses of the parties.

  "If you make an endless endorsement without knowing the situation, you need to bear joint and several responsibilities. Its responsibility will not disappear because it is not endorsed now." Huang Zhen said.

  "The responsibility of celebrity endorsement of P2P needs to be determined in accordance with the specific facts and circumstances." A lawyer from a well-known law firm in Beijing told CNN reporter.

  According to the lawyer, Article 62 of the Advertising Law stipulates that advertising spokespersons recommend or certify unused products or services that have not been used, or knowingly or should know that false advertising is still in the advertising of goods and services. For recommendation and certification, the industrial and commercial administration shall confiscate the illegal income and impose a fine of more than twice the illegal income.

Data map: RMB. China News Agency reporter Hou Yushe

  In addition, Article 56 of the Advertising Law stipulates: If false advertisements of goods or services that are related to consumers’ lives and health cause harm to consumers, their advertising operators, advertising publishers, and advertising spokespersons shall bear joint and several liability with the advertisers. If false advertisements of goods or services other than those specified in the preceding paragraph cause damage to consumers, their advertising operators, advertisement publishers, and advertising spokespersons, who know or should know that the advertisements are false, still design, produce, represent, publish, or recommend or certify , Should be jointly and severally liable with advertisers.

  How to determine whether the celebrity endorsement should bear joint and several responsibilities? In the opinion of the lawyer, as long as the spokesperson recommends to consumers that the content of the advertisement is distorted and causes damage, it should bear the tort liability of the consumer, unless it can prove that he has no fault.

  It is worth noting that “when financial products are suspected of criminal law-related crimes, advertising spokespersons may become accomplices of corresponding crimes if they have a “knowledge”.” The lawyers interviewed stated that the Supreme People’s Court Article 8 of the Interpretation of Specific Issues of the Law in Specific Cases stipulates that if the star knows that the P2P platform illegally absorbs public deposits or raises funds for fraud and still advertises for its advertisements, it may constitute a false advertising crime and may be sentenced to less than two years in prison Or be detained and imposed a fine or a single fine.

  "However, if the star does not know that the advertisement is false and does not know the company's product defects, then there is no legal responsibility under the current legal framework." The lawyer said. (Finish)