Chinanews.com client, Beijing, February 2 (Reporter Xie Yiguan) Take the advertising fee, pat the butt and leave?
Recently, Beijing Chaoyang District Financial Dispute Mediation Center issued an announcement that celebrities who used to endorse P2P should do their responsibilities for their endorsements.
The picture comes from the official WeChat account of the Financial Dispute Resolution Center of Chaoyang District, Beijing.
Failure to cooperate with the clearance work will be held accountable
On January 29, Beijing Chaoyang District Financial Dispute Mediation Center issued an announcement stating that some online lending institutions hired well-known entertainers and public figures as advertising spokespersons for illegitimate gains, and used their influence to attract investors to buy illegal financial products.
"The above-mentioned advertising spokesperson failed to fulfill reasonable review obligations, made false propaganda, was at fault for the occurrence and expansion of the damage results, and was unshirkable." Beijing Chaoyang District Financial Dispute Mediation Center said.
The announcement emphasizes that from now on, please contact the natural person, legal person or other organization (namely the advertising spokesperson) who has or is still in the P2P online lending advertisements and recommends or certifies related products and services in their own name or image. The center explained related issues and cooperated with the clearing of online loan platforms.
If you fail to get in touch before February 10, you will be held accountable according to law.
“Stars are using the public’s trust in them to help P2P cut off the people’s leeks.” Seeing Beijing’s Chaoyang District Financial Dispute Mediation Center calling out P2P spokespersons to cooperate with the retreat, some netizens commented, “Public figures should pay the endorsement fee. Take responsibility." "You fool around to take the money, and you must be responsible for something wrong."
The reporter noticed that the Financial Dispute Mediation Center of Chaoyang District, Beijing had previously released a list of people who evaded debt on Renrendai, Building Block Box, Hexindai, Netcom Pratt & Whitney, CMA CGM, and Yirendai. Among them, Renrendai spokesperson Actor Zhang Hanyu; Hexindai's creative in the TV series "The Twelve Hours of Chang'an" was inserted into the advertising collaborator Zhou Yiwei.
Screenshot from Renrendai ads.
P2P frequent thunderstorms, many celebrity spokespersons have been on hot search
In recent years, multiple P2P platforms such as Xinqi Assets, eZhubao, Zhongjin Assets, Zima Finance, Ideal Bao, Tuandai.com, Wanglibao, Youyiwang, Ai Investment, Aiqianjin and other P2P platforms have been thundered, involving Huang Xiaoming , Lang Lang, Zhao Yazhi, Tang Yan, Wang Baoqiang, Tang Guoqiang, Zhang Tielin, Wang Han, Du Haitao, Yang Di and many other stars who are "endorsements" for P2P products.
Due to the huge amount of money involved, investors who have nowhere to appeal have pushed the spokesperson to the forefront several times.
On July 1, 2020, Hunan Satellite TV host Wang Han once endorsed "Aiqianjin APP was filed for investigation".
After the love money came in and out of the incident, many netizens rushed into Wang Han's Weibo comment area, shouted to Wang Han to pay back the money, and topped "Wang Han's debts" on the hot search.
On July 2, "Wang Han issued a statement of apology" became a hot topic again.
Also in July 2020, since Aiqianjin signed a contract with Liu Guoliang as the spokesperson in February 2019, Liu Guoliang was also on hot search due to a large number of comments on Weibo comment area related to Aiqianjin.
On July 12, 2020, Hunan Satellite TV host Du Haitao was involved in an accident with the "Netlibo" he had previously cooperated with. His sister said in the live broadcast that the investor "deserves it" and "sent" his younger brother Du Haitao and herself on the hot search.
After the incident of the endorsed P2P product, some spokespersons responded positively and would follow up on the incident, but there were also celebrities who claimed that they were only shooting promotional videos and mid-spot advertisements for P2P products and were not considered true spokespersons.
Screenshot of Wanglibao's video ad.
For example, Du Haitao's studio issued a statement that "Netlibo" used an advertising agency to conduct short-term cooperation with us in filming advertisements in 2018, and did not directly sign an endorsement contract; after the "Yiyiwang fraud" incident was exposed , The artist Yang Di also issued a statement saying that he is not the spokesperson of "Yiyiwang" and that he did not charge any fees for recording promotional videos.
"The celebrities advertise for this product, some clearly indicate the advertising spokesperson, and some do not clearly indicate the advertising spokesperson, but they directly advertise a certain product through video or pictures, which usually have the nature of an advertising spokesperson. ." Zhao Zhanzhu, deputy director of Beijing Zhilin Law Firm pointed out.
Whether the spokesperson wants compensation depends on whether he is "informed"
For a long time, there have been endless debates on the Internet about whether celebrities should be responsible for the P2P products they endorse and whether they should participate in compensation.
The above-mentioned announcement of the Beijing Chaoyang District Financial Dispute Mediation Center stated that advertising spokespersons should be held responsible and need to cooperate in the clearance of online loan platforms. However, the announcement did not specify whether advertising spokespersons participated in compensation.
“The spokesperson does not need to bear the responsibility for compensation for the party’s investment losses. If you need to bear the responsibility, it is also from the perspective of advertising law.” Huang Zhen, director of the Institute of Financial Law of the Central University of Finance and Economics, once said, “If you rush to speak up without understanding , Need to bear joint and several liability. Its responsibility will not disappear because it does not endorse now."
A lawyer from a well-known Beijing law firm pointed out to reporters that as long as the advertising content of the product or service recommended by the spokesperson is distorted and causes damage, the consumer should be liable for tort, unless he can prove that he has no fault. .
It is worth noting that “when financial products are suspected of related criminal law crimes, if the advertising spokesperson is'knowingly', he may become an accomplice in the corresponding crime. However, if the celebrity does not know that the advertisement is false and the company's product is not clear, then Under the current legal framework, there is no need to bear legal responsibility." The lawyer said.
In fact, there is a precedent for whether the P2P product thunder endorsed by celebrities should compensate investors.
Earlier, "The Queen of Nine Balls" Pan Xiaoting was complained by investors because of the thunderstorm of the "Zhongjin" investment and wealth management products endorsed by him.
In August 2020, the Shanghai Second Intermediate Court decided in its final judgment that it did not support investor Mr. Zhao's litigation request.
Pan Xiaoting endorses the advertising page.
The Shanghai Second Intermediate Court believes that, in accordance with Article 56 of the Advertising Law, if false advertisements are published to deceive, mislead consumers and damage their legitimate rights and interests, the person who bears the responsibility is the advertiser, and the advertising spokesperson can only know or should know Only when the advertisement is false and endorsements, will it bear joint liability with the advertiser.
However, after the "Zhongjin Branch" thunderstorm, Pan Xiaoting has taken the initiative to cooperate with the public security organs to refund all endorsement fees.
The lender's
800 billion
funds are to be recovered
, and the P2P clearing and retreating road is long
"In the past 14 years, there have been more than 10,000 P2P online, and there were more than 5,000 operations at the peak, with an annual transaction size of about 3 trillion yuan, and a high rate of bad debt losses." Guo Shuqing, Chairman of the China Banking and Insurance Regulatory Commission, December 8, 2020 It was stated at the Singapore Financial Technology Festival in 2020 that in recent years, the regulatory authorities have continued to clean up and rectify, and by mid-November, the actual P2P online lending institutions had all been zeroed.
Although "return all to zero" has brought an end to the P2P rectification work that has lasted more than four years, the work of clearing and retiring is not yet over.
Guo Shuqing stated in August 2020 that more than 800 billion of funds from online lending platform lenders have not been recovered. As long as there is a glimmer of hope, they will cooperate with the public security and other departments to track down and clear them to meet the requirements of investors as much as possible. Repay their contributions.
Regarding the Beijing Chaoyang District Financial Dispute Mediation Center for the celebrities to cooperate with the online loan platform liquidation work, retail finance expert Su Xiaorui believes that this can be regarded as an important part of the platform’s process of recovering stolen goods. Responsible for high endorsement fees can recover large losses and achieve partial "compensation" for the lender.
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