Where did the 2500 yuan go?
Uninstalled software for more than a year is still secretly deducting money,
the old man complained to Apple and got a response: more than 300 yuan can be compensated
"Why is the software that has been uninstalled on Apple's mobile phone still secretly deducting fees for more than a year?" On the morning of the 24th, Mr. Chen, a citizen, reported to the Wuhan City Message Board that as of April this year, he had been deducted accumulatively. 2500 yuan.
After complaining to Apple, the customer said that he was only willing to pay him more than 300 yuan, which he was not satisfied with.
User Complaint: Alipay Deducted Retirement After the Balance Was Deducted
Mr. Chen is 63 years old this year. In November 2020, when he deleted some old photos and contacts from his iPhone, the phone recommended him to download a smart cleaning software called Smart Cleaner.
Mr. Chen said that he is old and his eyes are not very good. "I may have clicked on this app by mistake, but I didn't use it, and then deleted it immediately."
In April this year, Mr. Chen's pension bank card sent a text message to remind him that he had two deductions of 35 yuan that month.
Master Chen did not understand English, so he consulted the bank and found out that the money was deducted from the Apple App Store.
After further investigation, it was found that since November 29, 2020, his Alipay account has been debited by 35 yuan almost every week.
"Automatic deduction through the password-free payment function. After the Alipay balance was depleted, Apple began to deduct money from my pension bank card."
Mr. Chen said he couldn't figure out how the software was linked to his Alipay account and payroll card.
"Most of us elderly people are 'mobile phone blind' and can only do some simple operations. And I rarely use Alipay, but I didn't expect the money in it to be deducted."
Mr. Chen called Apple's official customer service number. The staff said that the third-party software company charged the fee, and Apple was not responsible.
The customer service said that out of sympathy for the user, the company is willing to bear part of the loss and pay him more than 300 yuan.
The reporter checked the Apple mobile application store and found that there are many paid apps in it.
The reporter searched for an intelligent cleaning software called Smart Cleaner, and found that there were a large number of user comments in the comment area. Many users said that after the software was deleted, they were still charged without receiving any notification.
Mr. Chen believes that this software comes from the Apple App Store, so Apple, as a platform, should strictly check and protect the rights and interests of users.
"There are many older users like me who don't know how to use smartphones. Apple has allowed such software to exist for a long time. I think it is intentional and should bear the main responsibility. I only pay more than 300 yuan, and I am not satisfied."
Lawyer: Apple should strengthen supervision of platform software
On the morning of the 24th, the reporter called the official customer service number of Apple mobile phone. The staff said that they could not answer the reporter's questions because they were not the users themselves.
The staff suggested that the reporter send an email to the company, and the technicians would answer it.
At 14:00, the reporter sent relevant questions to the email address designated by Apple, but no reply was received as of press time.
Chen Liang, director of Hubei Haolu Law Firm, introduced to reporters that if the use of the software involves deductions, even after deletion, the software provider must use a significant method (such as a large fonts, different colors, etc.)
If the obligation of prominent reminder is not fulfilled, the clause may be considered invalid.
Chen Liang said that in this case, the software company can be regarded as the producer, and Apple can be regarded as the seller.
According to the provisions of the Consumer Rights Protection Law, consumers can either hold the producers accountable or the sellers accountable, and the right to choose is up to the consumer.
"Mr. Chen lost more than 2,500 yuan, and Apple is only willing to pay more than 300 yuan. In the case that Mr. Chen has not reached an agreement with Apple, the amount of compensation is obviously not enough." He said, because Apple's operating place is not in In Wuhan, if Master Chen wants to continue to defend his rights, he can only sue in court.
Chen Liang believes that Apple, as the platform party, has the responsibility and obligation to strengthen the supervision of the application software on the platform.
After listening to the lawyer's analysis, Mr. Chen sighed and said, "I'm already in my 60s, and I don't have the time or energy to sue the court for rights protection. I just hope that others can keep their eyes open, strengthen their precautions, and avoid similar encounters. "
reporter Wang Yang