The five major issues of shared charging treasure are exposed!Comprehensive rectification ...

The charges are irregular and the deposit is not refunded in time

When you use a shared charging treasure

Have you encountered a similar situation?

July 14th

Shenzhen Consumer Committee released

Brands such as street electricity, calls, monsters, Xiaodian and other brands

Share charging treasure survey results

Bleak

Sample details

From February to March 2022, the Shenzhen Municipal Consumer Council investigated 5 brands such as street electricity, calls, monsters, and small electricity in 11 administrative districts in the city. User service agreements, privacy policies, commissioned deductions and other materials signed with consumers.

Five major issues are exposed

95%of the shared charging treasure investment point did not remind consumers' charging standards in a significant way.

The shared charging treasure merchants of the five brands have the following problems to varying degrees: irregular billing, restrictions on consumer contracting rights, lack of deposit security, too loose exemption clauses, and unreasonable use of consumer personal information.

1. Authorized login can you see the charging standard

The survey found that consumers need to scan the operator QR code to agree with user agreements and privacy policies or authorize, register, and log in before they can see the charging standards, which increases the time cost of consumers. More favorable products or services.

The shared charging treasures that the same brand in less than 100 meters apart from the billing standards and unit price settings are different.

Lawyers of the Lawyer Group of the Shenzhen Municipal Consumer Council believe that according to the relevant provisions of the Consumer Rights Protection Law, the above behavior is suspected of infringing consumers' right to know and fair trading.

2. Not reminding key terms in a significant way

The survey also found that consumers check/click to be deemed to agree to user agreements and privacy policies. Some operators did not have the key terms, service content, deposit, and dispute resolution of the use of charging treasures. Reminder or thickened or lower lines.

For the format contract provided by the operator, consumers can only choose to agree, otherwise they cannot use or can only stop using the shared charging treasure service immediately. The subsequent modification or changes to the content of the contract, and some operators have no obligation to fulfill the notice and explanation.

According to the relevant provisions of the "Civil Code" and the Consumer Rights Protection Law, the above behavior is suspected of restricting consumer contracting rights.

3. The refund period of not clearing the deposit

Some merchants only proceed in time according to the needs of management in the contract, and did not specify the actual period of the deposit refund.

Some merchants unilaterally stipulate that consumers do not take the initiative to refund the deposit, that is, consumers are deemed to be agreed with operators to manage and use deposits. No regulations on the refund and management of the deposit in the contract.

The lawyer's lawyer believes that the deposit, as a consumer's property, is an important terms in the use of shared charging treasure services. According to the relevant provisions of the Consumer Rights Protection Law, consumers should be reminded to pay attention and explain in a significant way.

4. Excessive clauses are too loose

Through the format terms, the unilateral agreement does not provide any guarantee to the service, and it is not responsible for the damage to consumers.

Some merchants aggravate consumers' proof of damage compensation. For example, when accidents or accidents, consumers are required to prove that accidents or accidents are directly caused by the inherent defects of the service itself, otherwise the operator will not bear legal responsibility.

According to the relevant laws of the Civil Code and the Consumer Rights Protection Law, the operator shall ensure that the products or services provided in accordance with the standards of safe use shall, in accordance with the law, shall bear the corresponding infringement liability in accordance with the law, compensate the consumption consumption in accordance with the law, and compensate the consumption consumption. Losses.

5. The use and processing of consumer personal information

Merchants have not complied with the legal requirements of sharing personal information with third parties. If consumers refuse to share information from third parties, they cannot use shared charging treasures.

When sharing information from third parties, some merchants did not obtain consumer consent alone, nor did they notify the detailed information of the third parties of the consumer.

The processing of sensitive information does not follow the law. Some merchants unilaterally stipulate that they should be identified as much as possible on the basis of ensuring information availability. There is no strict protection measures for consumers' sensitive information, and no individual consent of consumers has obtained individual consumers.

Comprehensive rectification

On June 1, the Shenzhen Consumer Council sent a supervisory letter to the five shared charging treasure operators surveyed in the survey, asking the operator to take a serious inspection and submit a written statement to the Shenzhen Consumer Council for the existing problems and rectification to rectify the situation. Program.

At present, after rectification, consumers can see the charging standard directly or scan the code. The shared charging treasure operator promises that the key terms of the contract will be promoted to consumers with a thickened and underlined line. The subsequent modification or changes involved in the content of the contract will be prompted by a pop -up manner to respect the consumer's right to partiality. After the consumer returns the shared charging treasure and the payment is completed, the system will automatically refund the deposit, or to clarify the refund period of the deposit, and refund the deposit within 1-5 working days.

The relevant person in charge of the Shenzhen Municipal Consumer Council stated that in the future, it will continue to follow up the implementation of the rectification plan of the shared charging treasure operator, and continue to carry out the supervision of charging facilities and equipment to allow consumers Heart".

Produced by Chinese Consumer Newspaper New Media Editorial Department

Source/China Consumer News · China Consumer Network

Reporter/Huang Yan

Edit/Pei Ying

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