Financial Consumers Please Take Legal Arms to Defend Their Rights

2023-05-30

With the rapid development of the financial market, financial consumption activities have penetrated into ordinary people's homes. At the same time, conflicts and disputes caused by financial consumption services are also increasing, and the phenomenon of consumer financial rights being infringed on occasionally occurs. Compared to other industries, financial institutions have natural advantages in rulemaking, contracting negotiations, information control, and benefit allocation in financial consumer relationships. However, consumers' financial literacy is also constantly growing. The reporter sorted out some typical cases related to the protection of financial consumer rights handled by the Xiamen Court in Fujian in 2022, and it is not difficult to see that the awareness of financial consumers' rights protection is gradually increasing. The bank did not fulfill its obligation to remind and consumers of the automatic renewal project do not need to pay the bill. In February 2022, a bank in Xiamen filed a lawsuit against Yu, demanding that he repay the principal and interest of the credit card debt, as well as breach of contract damages, totaling RMB 18613.88, including other fees of RMB 20. The focus of controversy in this case is the other expenses of 20 yuan. Originally, in September 2019, the bank sent a text message to credit card user Yu Moumou through the system, offering a "Play Global" value-added service. The message informed that the free experience period of the project was 2 months, and the contract would be automatically renewed after the experience period expired, specifying the method of unsubscribing or canceling the service. After the experience period expired, Yu did not cancel the service, and the bank claimed that both parties had reached a consensus on the project. Yu argued that he was not clear when the bank applied for the "Play Around the World" project and stated that he did not have the ability to go abroad. The project was meaningless to him and he was not aware of the fact that he had opened this service. After trial, the court found that based on the evidence in the case, Yu did not activate the "Play Global" project when the credit card usage contract was signed. The project was opened during the subsequent use of the credit card, so the opening of the new project requires a new agreement between the two parties. The bank only informed Yu through text message that he would be given the "Play Global" benefit for 2 months and the way to unsubscribe or cancel the service. However, it cannot prove that Yu had applied to activate the benefit, nor is there evidence to prove that he agreed to accept the gift benefit, nor did he actually use the "Play Global" project benefit. Therefore, the two parties did not reach a consensus on the opening of the "Play Global" project. According to the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Bank Card Civil Dispute Cases", the bank only informed Yu of the rights and obligations of the "Play Global" project through text messages, causing Yu to fail to pay attention to or understand the rights and obligations of the project. After the two-month free experience of the project expired, the bank also did not remind Yu that he would charge a monthly fee of 20 yuan for the subsequent rights and interests, Therefore, the bank has not fully fulfilled its obligation to present or explain. In summary, the court believes that the bank's request for Yu to pay other fees of RMB 20 lacks factual and legal basis and is not supported. Futures intermediaries who provide information in violation of regulations must bear corresponding compensation responsibilities. Starting from November 2019, a futures company has entrusted an information consulting service center (hereinafter referred to as the consulting center) to promote its futures business. The consulting center promises to correctly provide futures investment risk warnings to customers and shall not disclose them to customers

Edit:Jia Jia    Responsible editor:Wang Chen

Source:rmfyb.chinacourt.org

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>