Mobile package, don't let the "routine" chill users' hearts

2023-06-12

Recently, when Mr. Wu went to the business hall to apply for a mobile phone package, he chose a low-priced package with a monthly rent of 39 yuan. After signing the agreement, the salesperson gave Mr. Wu an elderly phone. At the same time, the salesperson informed Mr. Wu that in order to prevent default, he would also freeze 273.6 yuan in his Yu'ebao account. Subsequently, Mr. Wu checked his consumption records and found that the product frozen at 273.6 yuan in Yu'ebao was not a mobile package, but a comprehensive credit financial contract product (according to "Half Moon Talk" on June 10th). In reality, when handling mobile phone package business, salespeople often only introduce the basic information of the package and hold a "consumer not asking me, not actively speaking" attitude towards the implicit terms, which leads to consumers being unknowingly processed for financial services such as loans and pre authorization freezes. According to Article 20 of the Consumer Rights Protection Law, business operators shall provide consumers with information regarding the quality, performance, purpose, and validity period of goods or services, which shall be true and comprehensive, and shall not make false or misleading propaganda. Our civil code also clearly stipulates that if the party providing the standard terms fails to perform the obligation of prompt or explanation, causing the other party to fail to pay attention to or understand the terms that have a significant interest in them, the other party may claim that the terms are not part of the contract. That is to say, when promoting mobile package services to customers, salespeople should truthfully and accurately explain the various contents and terms contained in the package, and the terms should be easy to understand, rather than requiring professional "translation". Mr. Wu stated that he was just planning a mobile phone package. The salesperson took out several pieces of paper and pointed to the blank space for him to sign, without saying that it was a financial installment product. According to relevant regulations, if the operator fails to fulfill the obligation of reminder, consumers have the right to terminate the contract or claim that the clause does not become part of the contract to protect their right to know. In the legal relationship of consumption, consumers and operators have equal legal status and should follow the principles of voluntary, equal, fair, and honest transactions. After signing the agreement, the salesperson informed Mr. Wu of the account freeze situation. Although Mr. Wu was dissatisfied, he still acquiesced to this "clause", which may have infringed on consumers' right to choose and fair trade. Why is there such a "divine operation"? It turns out that many business hall staff have performance evaluations for handling financial installments, which is why consumers are "installment" and "loaned". Can worrying about the performance of the business hall become a reasonable excuse for exemption? Who will protect the legitimate rights and interests of consumers? Therefore, both consumers and businesses should make changes. With a lesson from the past, consumers themselves should keep their eyes open and carefully read the relevant clauses when signing various contracts to avoid falling into the "trap" dug by merchants. For businesses, honest management is the foundation of their existence. This kind of deceitful and one-on-one operation is difficult to sustain. Therefore, strengthening integrity education for employees and providing necessary legal and regulatory training should be the top priority. In addition, relevant departments should increase their law enforcement and supervision efforts, take timely and effective measures to detect industry chaos, and continuously improve the industry

Edit:Zhou Shu    Responsible editor:Wang Chen

Source:jcrb.com

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