A group of small shops in Shanghai is closed under the epidemic.

"I reported a art class to my daughter in early March and charged more than 10,000 yuan. I have encountered an epidemic in a few lessons. I have not opened the door yet. I wonder if I can get the money for prepaid money?"

"I have charged 3,000 yuan in the gym before. This shop has never survived the epidemic. What should I do?"

Since June, Shanghai has resumed normal production and living order, and various small shops have been resumed, but many stores have not been able to survive or suspend business, and there are more prepaid card disputes. Qin Yan, a deputy to the Municipal People's Congress and the president of the Shanghai University Journal, submitted a suggestion on the prepaid card earlier this year. She noticed that with the normalization of the epidemic prevention and control, the problem of prepaid cards that ordinary people cared about became more urgent. If you encounter closing stores, what kind of relief ways can consumers have, and how to add a "security valve" to the prepaid card consumption?

The epidemic makes the prepaid card dispute highlight

"I have been paying attention to the prepaid card problem for three years. This is an old problem. Under the epidemic, the prepaid card dispute is even more prominent." Qin soda said.

Affected by the epidemic, many commercial activities pressed the "suspension keys", and some stores were closed directly, especially in the fields of beauty, beauty, fitness, catering, and automobile maintenance. Consumption complaint hotspot.

Citizen Liu Girls took stock of several prepaid cards in their hands. The hairdressing shop is still open, and her card can continue to be used; the previous swimming card branch that has been held has closed the door. The boss does not give the card and asked her to transfer to other branches. "But this is far from my home."

Tang Jiansheng, Deputy Secretary -General of the Municipal Consumer Protection Commission, observed that under the impact of the epidemic, there are three phenomena for prepaid cards. One is the broken capital chain, and the merchant cannot pay the prepaid card, especially those small shops that rely on the prepaid card to maintain the cash flow. It turns out that Yin eats grain, and it will be unsuccessful once it is interrupted. The second case is that the epidemic brings costs cost Rising, coupled with the increase in uncertain factors, led some companies to take the initiative to withdraw from the market, close or close some branches; in the third case, some companies began their accounts through the epidemic and fled maliciously.

In addition, even if some small shops are not closed, the impact of the epidemic has a prepaid card dispute with consumers. Mr. Gu, who purchased a fitness card, said that he turned out to be five times a week. Although the gym was restored under the epidemic, the opening time was shortened, and the teacher was also lost. It was very good to go twice, and the annual card was a big discount. Miss Lin also had similar troubles. She held the Yoga Year Card and took only two lessons in March. In June, the Yoga Museum resumed business and was willing to help her extend for 2 months.

Similar disputes can negotiate with merchants. But when you encounter the phenomenon of closing the door, consumers are at a loss. Four years ago, Shanghai passed a local regulations, that is, the "Administrative Regulations on the Administrative Consumer Card Consumer Card" in Shanghai. "Although this law has established a necessary anterior supervision filing system, and the corresponding prepaid receipt amount, bank deposit management funds supervision, etc., there are still incomplete places for the supervision system of the prepaid card consumption." Qin Yan said.

The key to control risk is this indicator

The prepaid card problem has a long history. There are countless prepaid card disputes caused by the store's closure. According to Zhang Zhen, director of the Legislative Supervision Division of the Municipal People's Congress of the Municipal People's Congress, prepaid cards are a kind of credit consumption. On the premise of corporate repayment capabilities, if there is no restriction, it may cause the scale of the card issuance to exceed the corporate repayment capacity. It will cause irresponsibility and seriously damage consumer rights; and to a certain extent, the prepaid card has a certain amount of financing attributes. Essence

How to eliminate business risks? "Use small leverage to leverage big funds." Zhang Zhen believes that you can try to introduce commercial insurance to hedge risks. Consumers can buy insurance while buying cards. If the enterprise is closed, the insurance company can be repaid for some losses. But this is not forced insurance. It is difficult to implement. Not only does the merchant do not have enthusiasm, but the insurance company is reluctant to sign this service.

Many people believe that in the face of consumer discounts in prepaid cards, consumers should maintain rationality, carefully choose merchants, preferably filed and covered the prepaid amount through insurance coverage. When paying the prepaid card funds, impulse consumption and over -recharge should be avoided, and contracts should be signed as much as possible to save trading orders or flowing water.

"Let consumers buy cards rationally, which violates human nature, and government departments and specialized agencies may not be able to predict risks. How can consumers know the crisis?" In Tang Jiansheng, the key is to control risks. That is to issue the funds to issue a prepaid card to the actual consumption fund ratio. For example, a store sells a prepaid card of 50,000 yuan a day, and the operating income of this store a day is 5,000 yuan, which is 10: 1. Generally speaking, more than 5: 1, the risk of corporate capital chain is relatively large, once the store is closed, it may have a redemption problem.

"How to let this proportions fall is the key to breaking the question." Tang Jiansheng believes that by establishing a good business rules, the entire industry's ecological operation is benign, such as formulating related industry rules, so that merchants have increased funds and consumption to 2: 2: Around 1, the scale of corporate card issuance will not exceed its repayment capacity, reducing the risk of breaking the capital chain. Another example is to introduce relevant rules so that the card issued by the store does not exceed 1 year, and it takes the initiative to return it when it expires. "In this case, the company focuses on how to use cards to use cards instead of selling cards." Covering the loopholes of supervision

How many cards can't chase the epidemic crisis? Qin Yan believes that if a merchant runs or other disputes, consumers can rationally defend their rights through legal and effective ways such as complaints, litigation, etc., but the road to defending rights is often difficult.

"The process of relief is relatively complicated." Qin Yan said that the number of prepaid card consumption rights has small amounts and many characteristics. Consumers may have a small amount of prepaid money in the prepaid of merchants who shut down and running. The cost of relief returns may be much higher than these remaining models, such as claims, proof of evidence, etc., which are large burdens and rights protection costs for consumers.

After the merchant's closure, in addition to consumer prepaid, the merchant also owed the arrears of the employees, landlords, suppliers and other parties. Only after the debt was uniformly liquidated can they claim claims. Although Article 28 of the Administrative Measures for Single -purpose Commercial Prepaid Card stipulates that card issuers can use the guarantee insurance, bank guarantee and other methods to use the guarantee funding for pre -collection funds to offset all or part of depository funds. "But this article is only authorized legal norms Even if the merchant is not offset by insurance, it will not be punished, which is not conducive to protecting consumers' rights protection relief. " Qin soda said.

In response, the Municipal Commerce Commission said in response to the active support of the competent commercial departments of the districts to conduct beneficial explorations on risk prevention measures, study the feasibility of bank guarantee, trust and other relevant systems in the field of single -purpose cards, and enrich the method of remedy for the legitimate rights and interests of consumers.

How to improve after -the -time punishment? The Municipal Commerce Commission stated that it is actively promoting the work mechanism of the "one case, one handling", and strengthening related work such as coordinated supervision, doing good case handling, consumer dispute mediation, performance guarantee insurance compensation and other related work to avoid mass disputes caused by the closing of the card operator. The card operators such as "one tea and one sitting", "Bei Si", "Yizhi Duo" have been effectively dealt with. At the same time, the city's court system is improving the diversified solution mechanism of consumer rights protection disputes; the city's procuratorial organs actively explore the public interest litigation system in the consumer field, further expand the scope of procuratorial public interest litigation, and participate in the coordinated governance of chaos in the prepaid card consumption field.

“预付卡领域的纠纷实质上恰恰反映了'市场失灵'，而政府要做'最后的守夜人'，把监管漏洞补好。”张震认为，监管核心应该从“资金存管”转移至“发卡Behavior". That is to control the card issuing behavior. He suggested that the government should sort out high -risk card issuance, starting from protecting consumers' rights and interests, and blocking the loopholes of the card. The first is to prohibit the issuance of cards before opening. For market entities that have not obtained business licenses and do not formally open, card issuance is prohibited. The second is to prohibit the super -scale card issuing, that is, the total amount of the prepaid card cannot exceed its operating capacity. The third is that ultra -low -priced card issuance is prohibited.

In Qin Yan's view, in accordance with the "Administrative Regulations on the Administrative Consumer Card in Shanghai Municipal Single Uses", by establishing a unified single -purpose prepaid card co -supervision platform in the city to ensure the dynamic intelligent supervision of merchants, and the risk warning system for prepaid amounts is implemented. She suggested that a protective network of protection is set up in the construction of a credit system. For merchants with malicious rolls, they will further improve legislation and improve administrative penalties. Release the blacklist and risk warning in time to deter the market.

Liberation Daily · Shangguan News Original manuscript, reprinting without permission

Author: Wang Haiyan

WeChat editor: Antong

School pair: Feifei

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