In today's headlines, @头条帮忙接用户王先生反馈称 selling accounts on the "Trading Cat" platform, the account was stolen 3 days after the transaction was cancelled, although the loss was only more than 60 yuan, the platform also admitted the responsibility and was willing to refund the full amount, but he thought it was unreasonable and asked for 3 times the compensation. Zhao Liangshan, a well-known public interest lawyer, believes that the demand for three times the compensation far exceeds the actual loss should not be supported, and the compensation should be based on the actual loss.
Account Trading——
The game account on the "Trading Cat" platform was photographed by the buyer
After providing the verification code to customer service, the transaction was cancelled, and the account was stolen on the third day
Mr. Wang likes to play online games, and a few days ago, he planned to sell his game account. He said that he was worried that there would be disputes in the transaction or be deceived, so he hung the game account on the "Trading Cat" platform, which is a platform specializing in game account trading, "I only need to fill in the basic information such as account number and password as required, and I can sell it on the platform." ”
After logging in to the game, the platform customer service asked Mr. Wang for the verification code
Mr. Wang's game account is listed at 65 yuan. At around 6 p.m. on June 20, someone took a picture of his account. In the chat log, he communicated with the platform customer service, and the platform customer service asked him for a verification code after logging in to the game, and after he provided it, the customer service replied, "The phone is good, why is the original password wrong, have the passwords in it been changed?" Immediately, the customer service said that the transaction had been canceled, and the reason for the failure was "voluntary cancellation", and the product had been re-listed.
Mr. Wang found that the transaction was cancelled
Mr. Wang said that after the deal was cancelled, he could still log in to the game as usual. On June 23, he found that he could not log in, and "the account password was changed." ”
According to the prompt message of logging in to the account on the game platform, the prompt message of using the mobile phone to log in to the account shows "The mobile phone is not bound to any account"; If you log in with a game account, it will display "Wrong account or password, please be case sensitive".
Mr. Wang explained that his account had been compromised.
Mr. Wang found out that his account had been compromised
Seeking a claim –
I contacted the platform's customer service and was told that it was a mistake by the platform's customer service
The platform is willing to recover or help recover it for 65 yuan, and he believes that it should be compensated three times
Mr. Wang believes that his account and password are all filled in on the platform, and the customer service does not need a verification code to log in to the game, but the subsequent request for a verification code may be "changing the account".
In this regard, he contacted the customer service of the "Trading Cat" platform, hoping to get an answer. In the chat record, the customer service said that the previous customer service specialist replied, "The order has failed to be traded, and due to the buyer's abandonment of the transaction during the delivery process, the transaction cat order is carried out by the buyer and seller's personal will, and the platform cannot interfere, and the delivery process is processed correctly." He disagreed.
On the evening of July 1, the customer service of the "Trading Cat" platform replied to Mr. Wang that Mr. Wang's account was changed by the customer service's mistake, resulting in no way to successfully trade the order, and compensation would be made according to the order amount of 65 yuan, "The platform will not recycle the account, which is due to the personal reasons of the customer service, resulting in the order cannot be successfully traded." "The relevant customer service has been disposed of in accordance with the rules of the platform."
In this regard, Mr. Wang believes that the operation of the platform's customer service is suspected of malicious account theft, and requires compensation of 3 times. The customer service said that if the compensation plan of 65 yuan is not accepted, the platform will "seal" the plan and dispose of it when it wants to deal with it according to this plan.
On the evening of July 1, a reporter from Huashang Daily Gale News contacted the "Trading Cat" platform to understand the situation, and the staff said that they could not disclose relevant information and would respond by a special person. No reply as of press time.
Lawyer's Statement——
The claim for 3 times the compensation is far more than the actual loss should not be supported
Compensation is based on actual losses
Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, believes that virtual assets such as game accounts are clearly protected by mainland law, and in transactions, the parties should fully abide by the agreements reached and the rules of the trading market, otherwise they will bear corresponding legal liabilities. In this case, Mr. Wang's game account was caused by the customer's mistake in changing the binding, and contractually speaking, the platform has the responsibility and obligation to prevent the theft of the game account, if the account is stolen due to the customer's mistake in changing the binding, then the platform's behavior constitutes a breach of contract, and according to Article 584 of the Civil Code, if one of the parties fails to perform its contractual obligations or performs its contractual obligations in accordance with the agreement, resulting in losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract. Therefore, Mr. Wang's request for the platform to bear three times the compensation far exceeds its actual losses and should not be supported.
Zhao Liangshan emphasized that regardless of whether the platform is in breach of contract, the theft of the account caused by the mistake of the platform's customer service is also an infringement. In response to this infringement of the platform, Mr. Wang still needs to be compensated for his losses, but Mr. Wang's actual losses cannot reach 3 times the compensation, and the final compensation will still be based on Mr. Wang's actual losses. In judicial practice, the court will determine the amount of compensation based on factors such as Mr. Wang's actual losses, the platform's breach of contract, and the degree of fault.
Zhao Liangshan suggested that the platform should try its best to negotiate with Mr. Wang to resolve the compensation matter, and if the negotiation fails, Mr. Wang can give feedback to the local market supervision and administration bureau, and the local market supervision and management bureau will mediate and deal with it. Mr. Wang can also directly appeal to the court, which will make a judgment according to the facts of the case.
Huashang Daily Gale News reporter Zhang Pengkang editor Dong Lin
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