Typical cases of consumer rights protection in the province in 2023

Case 1

Basic Case

After the National Day Mid Autumn Festival in 2023, more than 30 non local consumers complained to the Changzhou Xinbei District Consumer Association that they had rented a shared power pack customized and developed by a company in Changzhou and paid a deposit of 99 yuan. However, when returning the power pack, consumers were told that they had opened the monthly subscription service in addition to paying the charging fee, and the 99 yuan deposit was directly converted into a membership fee. The consumer contacted the customer service of the company to ask for the cancellation of the monthly service and refund of the deposit, and the negotiation was fruitless for many times. According to the investigation of the Consumer Association in Xinbei District of Changzhou City, only the rental rules, charging standards and deposit fees are displayed on the charging bank rental page, and the Member Agreement Description at the bottom indicates that the payment of the deposit is regarded as an open member, and the deposit is automatically converted into a membership fee. Consumers' Association believes that the company's service agreement is not obvious, conceals consumption traps, bundles and acquiesces in opening members, which obviously infringes consumers' right to know, right to choose and right to fair trade. After mediation, the company realized the seriousness of the problem and said that it would immediately terminate the monthly service and refund the deposit. At the same time, it added the use method and contract termination method on the mobile phone operating interface of the company, and avoided similar consumption disputes in the future by taking bold font reminders, extending online customer service time and other measures. More than 30 consumers were satisfied with this.

Typical significance

According to Article 19 of the Electronic Commerce Law of the People's Republic of China, e-commerce operators should prominently draw consumers' attention to tying goods or services, and should not take tying goods or services as an option for tacit consent. In this case, although the operator has a brief description in the membership agreement, the way of reminding is not obvious. The terms of the membership agreement are too many and the font is too small for consumers to easily see, see and understand the terms. The operator's obligation to inform has not been fulfilled in place, thus infringing the legitimate rights and interests of many consumers, such as the right to know, the right to choose, and the right to fair trade. In this case, the mediation of the Consumer Association not only solved the problem of the case, but also standardized the company's operation to avoid the recurrence of similar problems in the future, and achieved good results. This case reminds the operators to consciously follow the principles of voluntariness, equality, fairness, honesty and trustworthiness, operate in accordance with the law, safeguard the legitimate rights and interests of consumers, and create a consumption environment that allows consumers to dare to consume and be willing to consume.

Case II

Basic Case

Chen took his pet dog to a pet hospital to see a doctor, and the pet hospital operated on him. The pet dog died during the operation, and the pet hospital returned the operation fee to Chen, but the two sides could not reach an agreement on the compensation of the pet dog. Chen appealed to the court, asking the pet hospital to compensate for property damage and mental damage. In the lawsuit, the pet hospital failed to submit the animal diagnosis and treatment permit. The court held that the institution engaged in animal diagnosis and treatment should obtain an animal diagnosis and treatment license. A pet hospital did not submit necessary materials such as an animal diagnosis and treatment license, did not make a reasonable explanation for the death of the pet dog during the operation, and should be determined to have gross negligence in the death of the pet dog. According to this, the pet hospital should compensate the pet dog for a loss of 2500 yuan in value. Considering that the pet dog in this case is of certain emotional significance to the owner, and the hospital has gross negligence, it is decided that the pet hospital should compensate for mental damage of 1000 yuan.

Typical significance

With the continuous improvement of the people's material quality of life, the pet consumption demand has increased significantly, which has promoted the rapid development of the pet diagnosis and treatment industry. However, the industry is still in its early stage of development, with uneven service awareness and service quality. Some institutions also have problems such as excessive diagnosis and treatment, lack of necessary licenses, and incidents of infringement of consumer rights and interests have occurred from time to time. Article 1183 of the Civil Code stipulates that the infringed has the right to claim compensation for mental damage if serious mental damage is caused by intentional or gross negligence against a specific object of personal significance of a natural person. Considering that more and more people keep pets as companionship or even emotional sustenance, pets have emotional significance. In the case of gross negligence of the pet hospital, the court applies the above rules to order the pet hospital to compensate consumers for property damage and support mental loss expenses as appropriate according to the actual situation of consumers keeping pets, It has fully safeguarded the property rights and moral interests of consumers.

Case 3

Basic Case

An auction company auctions a second-hand car on the online platform. After the vehicle auction price reached 49700 yuan, Wang competed with bid number X and bid number W. Finally, Wang successfully bid at 60900 yuan, and no one else bid during this period. Later, Mr. Wang learned that the bidding number X and W were all registered accounts of the staff of the auction company, so he reported to the administrative organ, which verified that the administrative organ would impose administrative penalties on the auction company. Wang Mou thought that the act of the auction company constituted fraud and appealed to the court for three times the price of the car. The court held that the auction company used its special identity to participate in the bidding quotation of its own auction activities, misled Wang to make a wrong declaration of intention, which constituted fraud. Considering that the staff of the auction company did not participate in the bidding until other bidders had quoted 49700 yuan, and the minimum price increase was 800 yuan each time, Wang needed to bid at least 50500 yuan to win the vehicle involved in the case, so it was determined that the auction company would pay 31200 yuan three times as much as the difference between 10400 yuan and the successful price.

Typical significance

With the continuous upgrading and iteration of online consumption, a new consumption scene of buying large consumer goods through participating in online auctions has emerged. However, online auctions have brought convenience to consumption, but also accompanied by many problems such as dark box operations and lack of credibility. In this case, the auction company arranged its staff to participate in the auction activity organized by itself, bid up the price and obtain additional benefits. The court determined that the buyer who needs to participate in the auction for living consumption belongs to the consumer. The court determined that the behavior of the auction company constitutes consumption fraud according to law, and decided that it should bear punitive liability for compensation, reminding the online auction industry to abide by the law and operate in good faith in order to develop healthily, Give full play to the role of judicial adjudication in guiding the rules and values.

Case 4

Basic Case

Mr. Li bought a second-hand car from an automobile service department, and the automobile service department added a clause in the contract by hand, stipulating that "the seller confirms that the sold vehicle is free of fire, water and major accidents, and if there is any of the above circumstances, the vehicle will be refunded within 35 days, and there will be no economic dispute between the two parties". After purchasing the car, Mr. Li found that there had been a major accident in the car. He thought that the car service department had committed fraud, and appealed to the court to ask the car service department to refund one and compensate three. The Auto Service Department proposed that both parties only agree to refund and return the car, so the application of punitive liability for fraud should be excluded. It is found that when selling second-hand cars to other consumers, the Automobile Service Department will also add the above clause that there is no economic dispute after the refund and return of the car. The court held that an automobile service department promised that the vehicle involved in the case had no major accident, which was inconsistent with the real situation of the vehicle that had had a major accident, and constituted fraud. The handwritten terms in the contract of both parties unreasonably exempt the legal liability of the operator and exclude the legal rights of consumers. At the same time, the Automobile Service Department proposed that the terms should be repeatedly used in business activities, and should be deemed as invalid format terms, so the judgment supported the lawsuit request of Mr. Li. After the judgment, the court issued judicial suggestions to the local market supervision department, informing them of the relevant cases, suggesting that further measures should be taken to regulate the sales of second-hand cars in the market, so as to prevent the recurrence of such disputes, which was positively responded by the proposed unit.

Typical significance

With the improvement of people's living standards and the continuous increase of car ownership, the scale of second-hand car trading market is expanding day by day. In practice, some second-hand car operators intended to design "handwritten terms" to avoid legal liability, which damaged the legitimate rights and interests of consumers and seriously disrupted the market order. In this case, the court determined that the relevant provisions were invalid in accordance with the law, and firmly denied and punished the dishonest behavior of the operator. The judgment in this case has effectively protected the legitimate rights and interests of consumers and a healthy and clear consumption environment, which is conducive to promoting the healthy and orderly development of the second-hand car market. At the same time, the court issued judicial suggestions to the industry supervision department and achieved good results, demonstrating the working philosophy of promoting social governance with active justice and "focusing on the front end and preventing disease".

Case V

Basic Case

Xu, a member of a gym, spent tens of thousands of yuan to buy fitness courses. During the course of consumption, the gym shareholder changed from Cai to Liu. Later, when Xu went to the store for fitness, the gym did not recognize Xu's membership, and asked Xu to pay an extra high fee to activate the purchased course, otherwise, the course would be cancelled and the service would no longer be provided. After several unsuccessful negotiations between the two parties, Mr. Xu sued the gym and the shareholder Mr. Liu to the court, asking for the termination of the contract and refund of the unspent prepaid expenses. The court held that the behavior of a gym constituted a breach of contract, and Xu had the right to terminate the contract according to the circumstances of the breach. A gym is a one-man company, and Liu, as a shareholder of the one-man company, cannot prove that his personal property is independent of the company's property, so he should be jointly and severally liable for the debts involved in the case. So the court decided to support Xu's claim.

Typical significance

In recent years, the scale of prepaid consumption has been expanding day by day, which has played a positive role in stimulating consumption and promoting economic development, but has also brought risks and hidden dangers of damage to consumers' rights and interests. Due to the long cycle of prepaid consumption, during the performance of the contract, the operator often refuses to perform its obligations or even evades its debts in disguised form by changing its name, legal representative or shareholder. However, according to the law, the contract signed between consumers and operators will not be changed or terminated due to the above circumstances. If a business operator refuses to perform its contractual obligations based on reasons such as changes in legal representatives and shareholders, and requires consumers to pay additional fees to use purchased services, it constitutes a breach of contract. If the situation is serious, consumers can exercise the right to terminate the contract according to law. The judgment in this case supports the claims of consumers, protects the legitimate rights and interests of consumers, and warns operators to establish the spirit of contract and operate in good faith.

Case 6

Basic Case

Song bought a camera in an e-commerce platform store, and the platform commodity detail page was marked with "10 times compensation for one fake", but in the relatively inconspicuous service description it was also stated that 10 times compensation was a cash coupon compensation that can only be used for platform consumption. After receiving the camera, Mr. Song found that the model was inconsistent with the display on the platform page, and the instructions did not specify the specific manufacturer and brand information. Song failed to apply for return and refund, and sued a technology company, the store operator, to the court to claim ten times the price of the goods. The court held that the behavior of a technology company constituted fraud, and it promised to consumers that "one will compensate ten for one fake", and it should compensate according to the promise. Although the company stated in the service description that ten times of compensation is cash coupon compensation, as the party providing the standard terms, it did not clearly inform the consumers of the specific meaning of "ten times of compensation for one fake" in a conspicuous manner, and did not perform the obligation to prompt for explanation, so Mr. Song has the right to claim ten times of the price of goods in cash compensation according to the common understanding. After the judgment, the court issued judicial suggestions to the e-commerce platform from three aspects: pre review, in-process supervision, and post sanctions. The platform quickly organized the risk control department to carry out special research, modify the rules for e-commerce entry into the platform, strengthen the means of technical review, and improve the review and supervision mechanism of platform merchants and the rules for sanctions on counterfeit sales.

Typical significance

With the rapid development of e-commerce industry, online shopping is increasing. In order to attract passenger flow and promote sales, the operators in the platform sometimes promise to consumers that "one fake will pay ten". This commitment is legally binding on the operator. If the consumer receives fake goods, the operator shall make compensation according to its commitment. The undertakings made by operators to consumers should generally be explained by the common understanding of ordinary consumers at the time of transaction. In this case, the operator, while promising to "compensate ten for one fake", also interpreted the "compensate ten for one fake" as a compensation cash coupon to limit its own liability. According to Article 496 of the Civil Code, the operator should reasonably prompt consumers to pay attention to the standard terms that reduce their liability, and explain in accordance with consumers' requirements, Otherwise, relevant terms cannot become an integral part of the contract. Due to the operator's failure to perform the above obligation of prompt and explanation, the court legally determined that consumers have the right to claim ten times of cash compensation based on the common understanding of "false one compensate ten", which effectively protected consumers' reasonable expectations. After the judgment, the court issued judicial suggestions to help the e-commerce platform improve service rules and improve service levels, which reflected the active judicial concept of conflict and dispute prevention first.

Case 7

Basic Case

In June 2022, Mr. Zhao and Mr. Guo signed the Motor Vehicle Sales Agreement, which agreed that Mr. Guo would sell the vehicle to Mr. Zhao at a price of 60000 yuan. In 2023, Mr. Zhao wanted to transfer the vehicle. The buyer found that there were many vehicle maintenance records through the "300 vehicle platform" query, among which Yuanbaoliang had been replaced, but the vehicle was not sold in the end. Zhao thought that the replacement of Yuanbaoliang explained that the vehicle involved in the case was a major accident vehicle, but Guo hid the real condition of the vehicle and asked to terminate the contract. After Guo refused, Zhao filed a lawsuit to the court. With the consent of the parties, Taicang Consumer Protection Commission intervened to mediate before the lawsuit. During the mediation process, the Consumer Protection Commission of Taicang City and the Municipal Court communicated with the second-hand car industry chamber of commerce of Suzhou City based on the linkage resolution mechanism, organized on-site consultation of the parties, and invited second-hand car identification experts to participate in the mediation. The experts gave reference opinions on the nature and severity of vehicle accidents through on-site inspection and analysis. Zhao's doubts about vehicle quality were answered, and finally, Both parties reached a mediation agreement.

Typical significance

In recent years, the People's Court has continuously strengthened the docking of litigation and mediation, providing the people with multi-level, multi-channel, low-cost and efficient dispute resolution channels. In this case, the Suzhou Intermediate People's Court and the Suzhou Municipal Consumer Protection Commission jointly introduced a cooperation mechanism to promote the cooperation and coordination between consumer protection commissions at all levels and the local grass-roots courts, and created a brand of consumer dispute resolution with different characteristics. Taicang Auto Consumption Dispute Resolution Center has formed a "whole field" one-stop service, "whole chain" linkage resolution, "full cycle" litigation source governance, relying on industry self-discipline, association supervision, linkage resolution center mediation, consumer protection commission supervision, court trial guidance, "five layers of diversified dispute resolution pattern", making a large number of consumer disputes resolved before litigation. The resolution of the dispute in this case is to insist on putting the non litigation dispute resolution mechanism in front, and strengthen the vivid embodiment and epitome of the concept of source governance.

Case 8

Basic Case

Han complained to Lianyungang Municipal Consumer Protection Commission that he had bought a brand of new energy vehicle. Two days later, before he went out, he received a call from the 4S store saying that the vehicle cooling system was faulty and needed to be tested and repaired. Otherwise, the vehicle would automatically slow down during driving, which would make it impossible to drive normally, and would have an impact on air conditioning, batteries and other components. The quality problem of the new car was unacceptable to Mr. Han, so he strongly asked the 4S store to return the car and compensate for the loss, which caused a conflict between the two parties. After receiving the complaint, the staff of the Municipal Consumer Protection Commission invited members of the Consumer Protection Commission's automobile rights protection expert group, the column group of "3.15 Exposure Platform" and media reporters to conduct a joint on-site investigation. The 4S store said that the problem with the vehicle's refrigeration valve detected in the background was a minor problem, and it agreed to repair it free of charge and provide courtesy car services. However, the fault was not applicable to the return condition of "three guarantees for cars", so it could not meet the requirements of Han for return compensation. Later, the Municipal Consumer Protection Commission communicated for many times and invited the members of the auto rights protection expert group of the Municipal Consumer Protection Commission to participate in mediation. Experts pointed out that the cooling system of new energy vehicles should be a major accessory. After mediation, the 4S store agreed to return the car at the original price and give gift bags to the consumers, and the 4S store was responsible for the expenses incurred.

Typical significance

Under the wave of the country vigorously advocating the transformation and upgrading of consumption, new energy vehicles, as an important representative in the field of green consumption, have gradually become the new favorite of the market and consumers. As the motor vehicle quality dispute involves professional issues, it is difficult to successfully resolve the dispute only by relying on individual consumers or mediators with no professional background. In this case, the Lianyungang Municipal Consumer Protection Commission, together with the automobile rights protection expert group, the column group of "3.15 Exposure Platform" and media reporters, carried out on-site investigation, giving full play to the role of professional advice and media supervision, and fully demonstrating the effectiveness of the joint participation of all sectors of society in the diversified solution of non litigation disputes.

Case 9

Basic Case

At the beginning of 2022, Nanjing Public Security Bureau investigated and dealt with a case of manufacturing and selling fake medical beauty equipment hot Maggie products. In December 2022, the Nanjing Railway Transport Procuratorate filed a public prosecution according to the law. There were four suspects involved in the case, including Mr. Lv and Mr. Huang, who were investigated for criminal responsibility according to the law. The other two were not prosecuted because their illegal gains were less than 50000 yuan. At the same time, the procuratorial organ decided not to prosecute them, and suggested Jiangsu Provincial Consumer Protection Commission to file a consumer civil public interest lawsuit. After research and demonstration, the Provincial Consumer Protection Commission believed that the hot Maggie products in the case were fake trademarks and sold in many places, which not only infringed the intellectual property rights of the original trademark owner, but also brought potential health risks and infringed the rights and interests of unspecified medical beauty consumers, so it filed a civil public interest litigation for consumption according to law. On March 1, 2023, the Provincial Consumer Protection Commission filed a consumer civil public interest lawsuit to the court, which was supported by the Nanjing Railway Transport Procuratorate. In the lawsuit, considering that some defendants have pleaded guilty to punishment in criminal cases, turned in illegal income and paid a certain fine, and followed the principle of equal punishment, the Consumer Protection Commission reached a mediation agreement with the four defendants, who publicly apologized in the national media and voluntarily paid 240000 yuan of public welfare compensation.

Typical significance

In recent years, with the rapid rise of the medical beauty industry, unlicensed business, false publicity, illegal medical practice and other illegal problems have gradually emerged, which seriously threaten the life and health of consumers. In this case, the four defendants produced and sold fake Thermo Maggie instruments and accessories, which not only infringed intellectual property rights, but also might cause harm to consumers' health and personal safety. As the first consumer civil public interest litigation in the medical and aesthetic field in China, the Provincial Consumer Insurance Commission, in order to ensure that accountability is in place, cooperated with other units to perform their duties, gave full play to the complementary role of civil public interest litigation, formed a joint force of consumer rights protection, and achieved good social results.

Case 10

Basic Case

Ye went to a modeling studio to have a haircut. During the haircut process, the stylist Sun took a video of the two people communicating about the hairstyle and the haircut process. After the service, Mr. Sun uploaded the video to his personal social account for publicity. After Mr. Ye found it, he communicated with Mr. Sun. Mr. Sun first deleted the video, but then he printed Mr. Ye's face and wrote "Beijing, Shanghai and Guangzhou customers can't afford to offend", and uploaded the video again. Two days later, Sun deleted the video. Ye thought that Sun's behavior infringed his right of portrait, privacy and reputation, and appealed to the court, asking Sun to apologize and compensate for mental damages, consolation money and other losses. Sun thought that Ye agreed to shoot the video, so it should be released by default. The court held that although Ye did not object to shooting the video, he did not explicitly agree with Sun to upload the video to the social platform for public release. Sun's behavior constituted an infringement of Ye's portrait right, so Sun was sentenced to apologize on the social platform for 10 days, and compensate Ye for mental damage, solace and other losses of 1000 yuan.

Typical significance

Short videos have been gradually integrated into the daily life of people in today's society. Operators are keenly aware of the business opportunities of promoting business and expanding customers through short videos, but such acts also bring potential risks of infringing consumers' portrait rights. The Civil Code stipulates that natural persons enjoy the right of portrait, and without the consent of the portrait owner, they shall not make, use or disclose the portrait of the portrait owner. Without the consent of consumers, business operators use their short videos containing the external image of consumers to conduct commercial publicity, which constitutes an infringement of consumers' portrait rights, and shall bear corresponding tort liability. The judgment of this case reflects the legislative purpose of strengthening the protection of personality rights in the Civil Code, which is conducive to strengthening the comprehensive protection of consumers' rights and interests.