CFIC Introduction
Original title: Focus on the Consumer Law Regulations丨What should I do if the merchant "runs away" after payment? This is how consumers should defend their rights
Xinhua News Agency, Shanghai, June 29 (Reporter Cheng Siqi) Prepaid consumption has always been a hot spot and difficult point for consumer rights protection complaints. The Regulations for the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, which will come into force on July 1, put forward new provisions on the supervision of prepaid consumption, providing a strong guarantee for regulating prepaid consumption patterns and safeguarding consumer rights and interests.
As a common mode of consumption, the number of complaints about prepaid consumption has remained high for many years. The reporter combed and found that since 2014, the problem of prepaid consumption in mainland China has mainly focused on education and training, entertainment and fitness, beauty salons and other fields, and even evolved a variety of new fraud models.
The regulations clearly stipulate that if a business operator provides goods or services by receiving a prepayment method, it shall conclude a written contract with the consumer; After receiving the advance payment, the proprietor shall provide the goods or services in accordance with the agreement with the consumer, and shall not reduce the quality of the goods or services, and shall not arbitrarily increase the price; Where business operators have major business risks that might affect the normal provision of goods or services by business operators in accordance with contract agreements or trading habits, they shall stop collecting advance payments; Where proprietors decide to suspend operations or relocate service venues, they shall inform consumers in advance.
Tian Xiaofeng, deputy director of the Anti-Monopoly and Anti-Unfair Competition Committee of the All-China Lawyers Association, believes that a major improvement in the regulations compared with the past is to liberate the regulatory scope of "prepaid consumption" from the delineation of inherent categories such as "single-purpose prepaid cards", and directly define the regulatory scope by the description of "receiving prepayment methods to provide goods or services".
"In practice, some prepaid consumer companies evaded supervision by not issuing cards or signing written contracts." Tian Xiaofeng said, "After the implementation of the regulations, as long as there is prepaid consumption behavior, it is within the scope of supervision and should be fully supervised." ”
The "2023 Report on the Protection of Consumer Rights and Interests in the Field of Prepaid Consumption" released by the China Consumers Association in March 2024 proposes that the problem of prepaid consumption in mainland China is mainly reflected in many aspects, such as the illegal application of cards by operators and the difficulty for consumers to recover losses after operators run away.
In response to the above problems, the regulations provide consumers with reference means to protect their rights. "The regulations stipulate that business operators should enter into a written contract with consumers, and if they do not provide a written contract, it will constitute an illegal act, and consumers can directly complain." Chen Yinjiang, deputy secretary-general of the Consumer Rights Protection Law Research Association of the China Law Society, said that the regulations regulate the behavior of operators from the source and help strengthen prior supervision.
The regulations also stipulate that if an operator decides to suspend business or relocate a service premises, it shall give 30 days' notice. "Operators have full control over the funds received in advance, and once a business goes bankrupt or becomes insolvent, it is difficult for consumers to recover the balance even if they win the lawsuit. The new regulations help consumers protect their rights earlier and reduce their own risks. Chen Yinjiang said.
At the same time, the relevant provisions of the regulations increase the illegal cost of prepaid consumption, which helps to deter illegal operators. "If the operator violates the relevant provisions of the regulations, it may face a fine of between 1 and 10 times the illegal income, and the business license may be revoked if the circumstances are serious." Tian Xiaofeng said that the "Measures for the Administration of Single-Purpose Commercial Prepaid Cards (Trial)" stipulates that operators will only be fined up to 30,000 yuan.
A number of respondents said that the regulations have filled some gaps in the legal system related to prepaid consumption, but the root cause of the problem still needs the common attention and continuous efforts of the whole society.
"At present, the regulations do make clearer and more specific provisions for the development of prepaid consumption norms." Chen Yinjiang said that prepaid consumption involves all walks of life, involves multiple regulatory departments, and is related to the legitimate rights and interests of many consumers. Therefore, only by paying attention to the whole society and coordinating supervision can we better regulate and govern the problem of prepaid consumption from the root.
Source: Xinhua News Agency
Reporter: Cheng Siqi
WeChat editor: Guan Qiao
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