Deduct more money ＂inexplicably＂？ How to treat the automatic renewal routine of merchants？

　　At present, some merchants often have the following routines on the issue of automatic renewal: one is that automatic renewal has become the default option; The other is that merchants restrict consumers’ choices; Another is to induce consumers to join the continuous monthly agreement under the guise of free trial or 1 cent experience for 30 days.

　　Relevant scholars pointed out that the problem of automatic renewal of monthly subscription is widespread, indicating that the regulatory authorities have not done a good job of supervision beforehand and afterwards. Prior supervision should remind merchants to inform consumers in a clear and eye-catching form, and consumers are free to choose; After-the-fact supervision is to supervise and even punish the merchants in time after the consumers’ rights and interests are infringed.

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　　"Meat hurts! Finally, I know why my money has disappeared one after another, all because of various softwares that automatically renew the monthly subscription. " Ms. Wang from Huzhou, Zhejiang Province saw a pile of debit records of bank cards, only to remember that she had forgotten to cancel all kinds of automatic renewal packages opened before.

　　Nowadays, merchants often offer various monthly and annual service packages, but many consumers may fall into the consumption trap of "being automatically renewed" if they are not careful. In 2019, CCTV conducted a survey on 50 popular paid software, and found that more than 70% of them had the function of automatic renewal, and many of them were suspected of fooling users into automatic renewal.

　　In May this year, Mr. Chen of Nanning opened a VIP film and television member in 15 yuan for a monthly subscription on TV. When it was opened, he didn’t notice the prompt of automatic renewal of this package. It was not until the next month when he paid the telephone bill that Mr. Chen found that he had deducted a sum of money inexplicably. He contacted the customer service of the mobile phone operator, only to find that this video package is still charging. What makes Mr. Chen laugh and cry is that when the renewal fee is cancelled, the order information shows that the continuous monthly subscription is valid until December 31, 1999. "Fortunately, I found it early, otherwise I will not be alive after 79 years, and this money has to be paid."

　　"When Mr. Chen opened the monthly film and television membership in 15 yuan, he did not show that the automatic renewal time was 2099, so this contract period is not binding on Mr. Chen." Lawyer Wu Lichuan of Beijing Jingshi Law Firm said that for general contracts, although the law does not stipulate the upper limit of the contract performance period, the feasibility of contract performance should also be considered. If the contract can no longer be performed or continues to be performed in obviously unfair in the future, the parties may request to modify or terminate the contract.

　　Mr. Chen told reporters that he chose the default option when he opened a member on the App. It was not until he was deducted that he learned that he had ordered an automatic renewal package, which made him feel that his right to know as a consumer had been violated. "I think monthly subscription means one month. If you want to continue to use it next month, you should order it again. The initiative should be with consumers; Now it is the other way around. I ordered a service, which is equivalent to signing an indefinite contract, and the initiative is in the business. " Mr. Chen said.

　　The reporter’s investigation found that some businesses often have the following routines on the issue of automatic renewal: one is that automatic renewal becomes the default option. For example, VIP users who purchase a certain video software will automatically check the continuous monthly subscription, but the font prompting automatic renewal is very small. The other is that merchants restrict consumers’ choices. For example, when opening a video App member, there are only two packages in the interface, namely "continuous monthly VIP" and "semi-annual VIP", and there are no other options for monthly subscription and annual subscription, which means that if you don’t want to open a semi-annual VIP with more fees, you can only choose the "continuous monthly VIP" with automatic renewal. Another is to induce consumers to join the continuous monthly subscription agreement under the guise of free trial or 1 cent experience for 30 days. As long as users download the App or agree to open this service, it is equivalent to agreeing to the terms of the agreement. After the end of the free trial period, they will be deducted unconsciously.

　　What makes some consumers feel confused and annoyed is that it is easy to open automatic renewal, but when you want to cancel it, the procedure is much more complicated.

　　Mr. Lao, a 66-year-old citizen of Nanning, signed a one-year GPS service with a bound mobile phone number when he bought an electric car in 2017. "The contract says one year, and I handed it over to 180 yuan." Mr. Lao said that the contract did not mention that the fee would be automatically renewed, and the staff also promised that "if I don’t serve you, it will be automatically broken."

　　After that, Mr. Lao was hospitalized because of illness, so he didn’t pay attention to the follow-up charges of this service. Until the beginning of this year, he inadvertently found that the GPS service was still being charged from many unread short messages on his mobile phone, and he took his ID card to the communication business hall to request the cancellation of the GPS short message notification service and automatic renewal service. The staff verbally promised that it could be cancelled and would help handle it.

　　Who knows that four months later, in July this year, Mr. Lao received a short message of charge deduction, and he once again came to the communication business hall to communicate. "From the salesman to the director, I found three people and said that I couldn’t handle it. The director said that he didn’t know. I have to talk to the person who signed a GPS contract to sell electric cars. They are communication service providers, just deduct money, no matter stop charging."

　　Mr. Lao went to the merchant who bought the electric car that year, but when he went to the store, it was closed, and the merchant’s phone was disconnected. In desperation, Mr. Lao had to turn to the media for help. After exposure by local media and communication with reporters, the communication operator finally canceled Mr. Lao’s GPS service fee.

　　In the view of lawyer Wu Lichuan, this sales model of merchants is suspected of infringing on the legitimate rights and interests of consumers. Consumer protection law gives consumers the right to know and choose. Before providing confidential payment and automatic renewal service, merchants need to truthfully inform consumers of the contents, methods and fees of the service and obtain the consent of consumers. If merchants check this function for consumers by default, it is undoubtedly depriving consumers of the right to know and choose, which is illegal. The e-commerce law also explicitly prohibits "default tying" and severely punishes it.

　　"Secondly, merchants have the obligation to prompt and explain the terms of the format contract." According to the legend of Wu Li, Article 26 of the Law on the Protection of Consumers’ Rights and Interests stipulates that operators who use standard clauses in their business activities should draw consumers’ attention to the quantity and quality, price or expenses, time limit and method of performance, safety precautions, risk warning, after-sales service, civil liability and other matters of great interest to consumers in a significant way, and explain them according to consumers’ requirements. "The terms of service of online platforms usually belong to format contracts, and merchants are obliged to remind consumers of the key contents and explain them, otherwise these terms will be invalid to consumers." Legend of Wu Li.

　　With the increasing popularity of the marketing routine of automatic monthly renewal, there are more and more consumer complaints, and some institutions have begun to pay attention to this issue. On April 8th this year, Zhejiang Consumer Rights Protection Committee will interview the video and audio websites with problems and put forward nine rectification opinions based on the previous experience of members of 11 video and audio platforms, such as iQiyi, Tencent Video, Youku and Himalaya, including the failure to remind the automatic renewal fee deduction, the default check of automatic renewal fee, and the difficulty in canceling the opening.

　　As of April 17th this year, 11 video and audio websites, including iQiyi and Tencent Video, have sent rectification reply letters to Zhejiang Consumer Protection Committee. As for the problem that the automatic renewal fee deduction has not been reminded, 11 video and audio websites said that consumers who purchase continuous monthly, quarterly and annual subscriptions will receive tips sent by the website through on-site messages, SMS and WeChat before the deduction.

　　The reporter recently opened the App query of these audio websites and found that most of them canceled the default automatic renewal function. Youku VIP membership agreement describes the continuous package/automatic renewal service in detail, and its message center also has reminders of membership expiration and automatic renewal fee deduction. Dragonfly FM is informed by the news in the station 3 days in advance and by SMS 1 ~ 2 days in advance, and sends out multi-channel and multi-frequency deduction information.

　　However, some relatively small network service providers still have many irregularities. This month, Mr. Zhang from Shandong was "renewed" for 258 yuan on a mobile phone scanner without knowing it.

　　According to Liu Xunzhi, an associate professor at the Law School of Guangxi Normal University, the problem of automatic monthly renewal is widespread, indicating that the regulatory authorities have not done a good job of supervision before and after. Prior supervision should remind merchants to inform consumers in a clear and eye-catching form, and consumers are free to choose; After-the-fact supervision is to supervise and even punish the merchants in time after the consumers’ rights and interests are infringed.

　　Liu Xunzhi believes that the interview of Zhejiang Consumer Protection Committee is not the supervision and management of administrative organs, and it has no strong binding force. "It should be supervised by market supervision and management departments and industry and information departments, and a joint disciplinary mechanism should be established, such as a blacklist system, for businesses that illegally operate and infringe on consumers’ rights and interests. Conduct necessary credit punishment. With strong supervision, such illegal phenomena that infringe on consumers’ rights and interests will be gradually eliminated. "

　　Zhongqingbao Zhongqingwang reporter Xie Yang intern Xie Lvrong