China News Service, March 15 (China News reporter Xie Yiguan) On March 15, the China Consumers Association released the "Top Ten Typical Judicial Cases for Consumer Rights Protection in the Country" in 2023.
According to reports, the "Top Ten Typical Judicial Cases for Consumer Rights Protection in China" released this time cover hot and difficult issues in multiple consumer fields, especially new consumer rights protection issues exposed in the development of new consumption formats and new models.
For example, the problem of unfair format terms in automobile consumption, the problem of fraud in live broadcast consumption, the boundaries of consumers exercising their right to supervise and comment, the tort liability of forcing consumers to scan codes to order food in disguise, and the community group buying operators assuming the responsibility of the seller. Identification, the definition of medical beauty services constituting fraud, the burden of proving the rights of minors to recharge online games, the determination of the validity of the guaranteed price clauses in express delivery services, the liability rules for additional consumption prerequisite clauses in travel contracts, and unclear health inquiries of insurance companies on policyholders and bear adverse consequences, etc.
Case number one
Chongqing Consumer Council v. Chongqing Tongyuan Baoyuan Automobile Sales and Service Co., Ltd. Consumer Rights Protection Civil Public Interest Litigation Case
——The agreement that consumers shall be responsible for the consumption tax burden in the automobile retail chain and the liability for breach of contract due to delayed vehicle delivery due to third-party reasons is invalid.
Case 2
Sun Mou v. Shanxi Yibo Culture Media Co., Ltd., Jiao Mou and others Internet service contract dispute case
——Legal relationship entities, fraud identification and liability allocation in live broadcast delivery
Case three
Yao Moumou v. Changsha Shancheng Cultural Tourism Development Co., Ltd. and others reputation rights dispute case
——Boundary review standards for consumers to exercise their right to supervise comments
Case 4
Kong v. Beijing Nanluo Fat Cat Catering Co., Ltd. Personal Information Protection Dispute Case
——"Disguised forcing" consumers to scan QR codes to order food to obtain their personal information constitutes infringement
Case five
Dong Moumou v. Beijing Shihui Technology Co., Ltd. and other information network sales contract disputes
——Community group buying operators should bear seller's responsibility if they cannot prove that they are only network service providers.
Case 6
Shi Mou v. Anlivi (Guangzhou) Medical Beauty Clinic Co., Ltd. Medical Service Contract Dispute Case
——Reasonable definition of medical beauty services constituting fraud
Case 7
Yang v. Shenzhen Zhijian Interactive Entertainment Technology Co., Ltd. Information Network Sales Contract Dispute Case
——The responsibility to prove the rights and protection of online game recharge for minors
Case 8
Deng Mou v. Huoqiu Dezhibang Logistics Co., Ltd. Express Service Contract Dispute Case
——Application of the terms and conditions of price guarantee for express delivery services
Case 9
Shi Mou v. Lushan City Kuanghu Tourism Development Co., Ltd. and other tourism contract dispute cases
——Liability rules for additional consumption prerequisite clauses in travel contracts
Case ten
Yu Mou v. Great Wall Life Insurance Co., Ltd. Personal Insurance Contract Dispute Case
——Insurance companies should make clear and specific inquiries about the health of policyholders. Inquiries that cause ambiguity in understanding should be borne by the insurer.
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