Re-investigation on the chaos of prepaid card consumption： well-known enterprises ＂say it and fall＂
Xinhua News Agency, Beijing, May 28th Title: Well-known enterprises "fall down when they say it", and virtual cards become new "slots" — — Re-investigation of prepaid card consumption chaos
Xinhua News Agency reporter Yang Yang
"Beauty, what about swimming and fitness?" I believe many people have heard of similar "strike up a conversation". Merchants use various discounts to attract you to spend money on cards, but once you pay for it, you may fall into a ring-by-ring routine … …
According to the reporter’s investigation, as an emerging business model, prepaid card consumption is favored by many businesses because of its convenience and benefits. However, the deep-seated reasons, such as the blind spot in the prepaid card filing system, light punishment and imperfect credit information system, have led to frequent chaos and repeated prohibitions in this field, and some well-known enterprises are also involved.
Well-known enterprises "say it, but they will fall", but they are still applying for new cards when they can’t pay.
"If you come to apply for a card today, you can enjoy the lowest price, buy it for two years and get it for one year!" In March this year, Mr. Gao spent 2,700 yuan on a three-year fitness card in Beijing Haosha Fitness Jinsong Store.
However, after the May 1 ST, this well-known chain gym has had problems such as the cancellation of group exercises, the closure of swimming pools, the disconnection of power and hot water, and the failure of equipment without maintenance. "Seven out of 10 treadmills are broken, and the front desk still shows ‘ Direct entry without swiping the card ’ Brand. " A member told reporters.
Even so, the gym is still selling cards. According to members’ memories, on May 6th, Xiaoli, a salesman, was still soliciting guests in a circle of friends. Later, according to another salesperson, in March this year alone, the store’s sales reached more than 500,000 yuan.
The gym can’t be used normally, and many members have proposed to return their cards. However, Mr. Gao found that the contract said, "This is a special card, and it can’t be returned." After rummaging through his pockets, he realized that he didn’t even give the payment receipt and invoice. Mr. Shan, the operation manager of the gym, said: "The company has no money and can’t refund the fee."
According to the national enterprise credit information publicity system, "Beijing Haosha Jianli Fitness Service Co., Ltd." on the official seal of the membership card agreement was listed in the business exception list of the industrial and commercial departments on April 30 this year, and its shareholder Haosha Ai Ya (Beijing) Fitness Service Co., Ltd. was also listed in the business exception list on March 20. The reporter called the company’s reserved phone number several times, but never contacted the senior person in charge.
Relevant sales staff of Haosha Jinsong Store revealed that due to the break of the company’s capital chain, some stores in Beijing will be closed.
The relevant person in charge of Shuangjing Industrial and Commercial Office of Chaoyang Branch of Beijing Administration for Industry and Commerce told the reporter that the industrial and commercial department is negotiating with Haosha Fitness to solve related problems. Haosha Jinsong Store will be taken over by other companies, but this company can only provide services and cannot handle the refund problem. If you really need a refund, it is recommended to go to court as soon as possible.
Small enterprises are the hardest hit areas for complaints, and virtual cards become new "slots"
The "Analysis of Complaints Accepted by National Consumers Association in 2018" released by China Consumers Association shows that life and social services rank first in service complaints. In the field of service segmentation, remote shopping, beauty salons, catering, maintenance and repair, and fitness services are all on the list.
By combing typical cases in various places, the reporter found that prepaid card consumption disputes are mainly concentrated in the service industry, especially in the fields of beauty salons, fitness, photography, car beauty, catering, etc. Among them, some small-scale enterprises have become the hardest hit areas for running away and disputes.
"The money in the prepaid card is the money that consumers deposit in the other party’s account in advance to fulfill multiple contracts. It should be consumed once, and the operator deducts money from the card once. " Heshan, president of china law society Consumer Rights Protection Law Research Association, said.
"But in real life, prepaid transactions are gradually deviating from the original intention, becoming a means for illegal operators to infringe on the legitimate rights and interests of consumers, resulting in a large number of legal disputes." Wang Jijin, supervisor of Beijing Lawyers Association and lawyer of Construction Law Firm, said.
In addition, the reporter’s investigation found that with the development of mobile Internet, online prepaid consumption has gradually become a new complaint "slot". Recently, a number of consumers told reporters that they had booked flowers for several months in their lives, but they found that the applet was offline after not receiving it several times.
Liu Junhai, a professor at the Law School of Renmin University of China, said that the low cost of corporate dishonesty and the high cost of consumer rights protection led to a significant increase in prepaid arbitrage.
Education, fitness and other industries are not included in the record, and combination boxing is needed to control the chaos.
In response to the frequent chaos of prepaid cards in various places, as early as September 2012, the Ministry of Commerce issued the Measures for the Administration of Single-use Commercial Prepaid Cards (Trial), requiring card-issuing enterprises to go to the competent commercial authorities at all levels for filing within 30 days from the date of launching the single-use card business, and implement a fund depository system for related enterprises, and deposit funds in commercial banks according to a certain proportion of the funds received in advance. Once the violation occurs, it can form a constraint on enterprises.
"But the reality is that there is a lack of supervision over the subsequent use of depository funds. In addition, the measures only involve ‘ Retail, accommodation and catering, residential service ’ Three industries, but there is no coverage for high-incidence areas such as fitness, beauty salons, education, entertainment, online car, and individual industrial and commercial households. " Wang Jijin said that in addition, a fine of less than 30,000 yuan will be imposed on the illegal acts of card issuing enterprises or card selling enterprises, which is relatively light and difficult to play a deterrent role.
Heshan suggested raising the threshold for issuing prepaid cards for a large number of individual industrial and commercial households, for example, stipulating that operators should pay a deposit or provide corresponding guarantees in order to obtain the right to issue cards.
Qiu Baochang, an expert from the Expert Committee of China Consumers Association, suggested setting a qualification threshold for card-issuing merchants and their main managers, such as requiring operators to have no major violations of laws and regulations and no bad records of fraudulent consumer behavior. Wang Jijin suggested: "Establish a blacklist system as soon as possible, register and publicize untrustworthy enterprises and individuals, and raise the threshold in handling industrial and commercial licenses."
Some insiders also believe that the mode of prepayment leads to the one-way risk of consumers, and this consumption mode can be abandoned. Commercial enterprises should rely on improving services instead of paying in advance and then discounting to tie consumers down.