[Explanation] The card is still there and the shop is gone. Many people in their lives have had similar experiences-in order to enjoy discounts, apply for a "prepaid" membership card at barber shops, training classes, beauty salons, gyms and other places, but no How long did Kari still have money, but the shop was empty.

How can consumers defend their rights when prepayments are running off the road?

Recently, Lu Shuai, a lawyer at the Bank of China Law Firm in Beijing, introduced several different ways to protect rights.

  [Concurrent] Lu Shuai, lawyer of Beijing Bank of China Law Firm

  Consumers actually establish a consumer service relationship with the service operator.

If you encounter this kind of runaway phenomenon, you can use the consumer association or the business administration department to file a complaint to resolve it.

Litigation can also be conducted, but litigation is a relatively expensive method.

If (the other party) uses illegal possession as the purpose, it may involve malicious running away, and you can call the police at this time.

  [Explanation] Prepaid consumption is originally a "win-win" business model for merchants to quickly withdraw funds and give back to consumers, but some merchants have also played a routine in prepaid consumption: such as setting a minimum consumption amount, and the balance cannot be used without renewal. , Once processed, no refunds will be given such as "Overlord Clause".

In this regard, Lu Shuai said that according to the relevant interpretation of the Civil Code on the standard contract, these clauses drafted by the merchants do not have legal effect.

  [Concurrent] Lu Shuai, lawyer of Beijing Bank of China Law Firm

  This clause itself restricts the rights of consumers, reduces and exempts the operators from responsibilities, and increases the responsibilities of consumers. Therefore, this is an unfair and unreasonable agreement. It should be said that it is a standard clause, which itself is invalid.

  [Explanation] Due to disputes arising from prepayment, the core demand of consumers is to get the money back, but in most cases, if the merchant runs away due to poor management, even if the lawsuit is won, the consumer will face the status quo that the other party has no money to refund.

Lu Shuai said that the key to solving the problem of rights protection lies in the supervision of prepaid funds.

  [Concurrent] Lu Shuai, lawyer of Beijing Bank of China Law Firm

  The most important issue is the supervision of funds.

You can try to supervise the funds of a third party. Every one of his payments is supervised. Even if the operator has a problem, he cannot take the funds away.

I think this should actually be the greatest protection for consumers.

  [Explanation] Regarding the chaos of prepayment, relevant government departments are also constantly regulating from the level of formulation of laws and regulations.

The Standing Committee of the Beijing Municipal People’s Congress conducted the first review of the "Regulations on the Administration of Single-purpose Prepaid Cards in Beijing (Draft)" in July 2021. Many disorderly behaviors related to the consumption of single-purpose prepaid cards will be "rules" to consumers. The rights and interests of the company will also be better protected.

  (Reported by reporter Shan Lu from Beijing)

Editor in charge: [Sun Jingbo]