Text/Guangzhou Daily All Media Reporter He Yingsi Correspondent Yue Xiaoxuan
Yesterday, the reporter learned from the Guangdong Provincial Consumer Council's 2022 March 15 information briefing that in 2021, the Consumer Council at all levels in Guangdong Province will handle a total of 384,015 consumer complaints, a year-on-year decrease of 2.60%, but the total still accounts for 384,015 complaints. National Consumers Association 36.75%, ranking first in the country.
In the whole year, it recovered 363 million yuan of economic losses for consumers, a year-on-year increase of 12.33%, accounting for 23.95% of the national total, and also ranking first in the country.
There were 489 complaints of double compensation due to the fraudulent behavior of the operators, and the double compensation amount was about 1.2732 million yuan, an increase of nearly three times year-on-year.
Internet service complaints ranked first in the number of complaints, of which business Internet service complaints accounted for 64.67%.
Throughout the year, consumers received double compensation of 1.2732 million yuan due to fraudulent acts by operators, an increase of nearly three times year-on-year and a record high, accounting for 10.78% of the national total.
The consumption areas where consumers receive double compensation are mainly concentrated in food, health care products, mobile phones and communications.
Education and training consumer complaints increased by more than 50%
According to statistics, in 2021, education and training consumption problems will be prominent. The number of complaints in the whole year will reach 42,568, a year-on-year increase of 52.25%. It is the consumption area with the largest increase in the number of complaints throughout the year.
Complaint about the main problem
false promotion
Failure to fulfill the obligation of safety guarantee during the training
The quality of teaching is not stable
There is a way to deal with the "running road" class action to succeed
case
Since November 2020, the training center in Foshan No. 1 Square has notified that classes will not be held for the time being due to the circuit maintenance of the campus. Consumers later found that the training center was locked and a notice of rent arrears was posted at the door.
After repeated contacts to no avail, consumers complained to the Foshan Consumer Council one after another.
In March 2021, the Foshan Consumer Council supported consumers in filing a lawsuit against the company, and appointed a team of lawyers to act as consumers’ agents.
In May, the people's court made a judgment on the class action case, ruling to terminate the education and training contract between the consumer and the respondent, and the respondent refunded the remaining training fee to the consumer. win the case.
Reviews
The Consumer Rights and Interests Protection Law endows consumer associations with the public interest duty to support damaged consumers in filing lawsuits or file lawsuits in their own name, which helps to improve the reality of the loneliness of individual consumers and the difficulty in safeguarding their rights.
Many consumer committees in Guangdong Province have carried out rights protection practices to support consumer lawsuits.
In the consumption of various prepaid cards for fitness, training, beauty salons, etc., consumers should actively use legal weapons to protect their rights and interests when encountering business defaults or "running", etc., and consult the Consumer Council and local industry authorities. Complaints can also be "warmed together" and safeguard their own interests through class action.
The new type of network consumption problem is prominent
Although the Internet service complaints dropped by 3.86% year-on-year, they still ranked first in the province.
There are many complaints about online games
More complaints about new online shopping modes such as live streaming and cross-border e-commerce
Video platform services are controversial
No delivery, no refund, community group purchase "Overlord Clause" infringement
case
In January 2021, the Shenzhen Consumer Council received a total of 45 complaints about community group buying.
Consumers reported that they purchased goods in a community group buying APP, but the merchant did not deliver the goods within the agreed time. After contacting customer service, they were told that the goods were out of stock and needed to wait. However, after that, the consumer still did not receive the goods, and the application for a refund was rejected. Informed that "orders placed for more than seven days will not be refunded, only 3 yuan vouchers will be compensated".
After investigation, the Shenzhen Consumer Council found that the group-purchase APP was affiliated with a leading company in the platform economy. The reason for the complaint was that the platform staff did not manage products on and off the shelves in a timely manner, resulting in the products being sold online even after being out of stock. Lots of complaints.
The mediator of the Consumer Council asked the merchant to immediately check for omissions and fill the vacancies, communicate with consumers about specific demands in a timely manner, and deliver goods as soon as possible or refund compensation according to consumers' requirements, and finally successfully resolve the dispute.
Reviews
In this case, the community group buying merchants delayed delivery of goods as agreed. According to the relevant provisions of the Civil Code, they should be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses according to the requirements of consumers.
However, when consumers apply for a refund, they directly reject it with the statement that "orders placed for more than seven days will not be refunded, and only 3 yuan vouchers will be compensated." According to the provisions of Article 26 of the Consumer Rights Protection Law, It is a statement that excludes consumer rights and exempts itself from responsibility, and the content of the statement should be invalid according to law.
At present, the leading companies in the platform economy are developing rapidly in the online retail platform service market. Platform companies should respect the legitimate rights and interests of platform merchants and consumers when formulating platform rules.
After consumers complain, although the platform actively cooperates with the Consumer Council to mediate and reach reconciliation with consumers, it is more important to revise unreasonable transaction rules in a timely manner.
Difficulty safeguarding rights against personal information disclosure
Merchants use their monopoly position to arbitrarily collect consumers' personal information
Consumers scan codes and download application software at will
Personal information has become a common practice in some industries for resale and sharing
It is difficult for consumers to provide evidence and protect their rights
Platform merchants leak personal information, consumers defend their rights and get compensation
case
In July 2020, Miss Chen bought a box of electric toothbrushes on an online shopping platform.
In August 2021, Ms. Chen received a call claiming to be the "customer service" of the platform, saying that she accidentally opened a platinum membership for Ms. Chen and asked Ms. Chen to cancel the business through the link he provided.
When Ms. Chen completed the operation according to the "customer service" request, she found that the bank account was transferred to 4050.19 yuan.
Ms. Chen complained to the Guangdong Provincial Consumer Council, asking the merchant to compensate her for her losses.
At first, the merchant did not admit it. After the mediator's patient legal education and repeated communication and coordination, the merchant finally agreed to fully compensate Ms. Chen for 4050.19 yuan.
Reviews
In this case, during online shopping, Ms. Chen only provided personal information to the merchant, and did not inform any third party other than the merchant, but received a call from "customer service" who could master her purchase record, proving that the merchant had information leakage. should bear corresponding responsibilities.
The Civil Code has clearly stipulated that personal information is legally protected as a statutory civil right, and the Personal Information Protection Law has also come into effect on November 1, 2021. The law clearly stipulates that personal information processors infringe upon personal information rights and interests and cause damage and cannot prove that they are not at fault. , should be liable for damages and other infringements.
Beauty consumer personal injury disputes occur frequently
In 2021, there will be 12,423 consumer complaints related to beauty salons in the province, accounting for 27.28% of the complaints about life services, of which 2,242 are medical beauty complaints.
Merchant lacks qualifications
Beauty effect is difficult to guarantee
Personal injury accidents occur frequently
Trick to apply for consumer loan
Sellers who sold old mobile phones as new ones were sentenced to refund one and lose three
case
On February 21, 2021, Ms. Chen, a consumer, purchased a mobile phone of 3,699 yuan at the electronic product sales department of a shopping center in Zhanjiang City.
Later, it was verified through the official website that the effective date of the three-guarantee certificate of the mobile phone was February 2, 2021.
After consulting the official customer service, we learned that the effective time of the Three Guarantees Certificate is the activation time.
Miss Chen suspected that she had purchased a second-hand mobile phone that had been activated, and demanded compensation from the merchant.
The merchant proposed to replace Ms. Chen with a new mobile phone of the same model and compensated 5,000 yuan, but Ms. Chen believed that the other party's behavior constituted fraud and complained to the Zhanjiang Consumer Council.
During the mediation process, the merchant insisted that the mobile phone was brand new, the activation was caused by a staff error, and there was no fraudulent intention.
The Consumer Council of Zhanjiang City decided to support the consumer lawsuit, requesting the court to order the merchant to refund the mobile phone payment of 3,699 yuan and increase the compensation for the mobile phone by three times the price of 11,097 yuan. This request was supported by the court decision.
Reviews
According to the provisions of the Consumer Rights Protection Law, consumers have the right to know the real situation of the commodities they purchase or use or the services they receive. , should be true and comprehensive, and must not make false or misleading propaganda.
In this case, before selling the mobile phone and after the consumer raised reasonable doubts about whether the mobile phone was brand new, the electronic business department did not explain to the consumer the fact that the mobile phone had been activated and registered, or made a reasonable explanation, and failed to fulfill the provision of The obligation of true information, concealing the information of the quality, performance, warranty period and other information that is of great interest to consumers, and misleading consumers to reach a purchase agreement with them. , according to the provisions of the first paragraph of Article 55 of the Consumer Rights Protection Law, the merchant in this case should bear the punitive compensation liability of "refund one compensation three".