in recent years, laws and regulations have been issued in many places across the country to strengthen the management of prepaid cards?

prepaid card consumption, be careful? Card?

beauty card, haircut card, fitness card and car wash card? In daily life, many consumers have done prepaid cards, and prepaid consumption has become increasingly popular. This consumption mode can promote consumption and prosper the market to a certain extent, but in the process of development, there have also been some chaos. When you apply for a card, the merchant promises various discounts, but once the service is not satisfied and the shop is closed, returning the card and refunding it will become people's annoyance.

in recent years, relevant laws and regulations have been issued in many places across the country to manage single-use prepaid cards and put laws on prepaid card consumption? A spell? The consumer protection network is becoming more and more dense.

prepaid consumption disputes have a long history

? I got a membership card in the barbershop, giving 511 yuan a 31% discount. ? Mr. Wang, who works in Chaoyang District, Beijing, told reporters that the original price of 58 yuan's haircut standard is about 41 yuan after the discount. In the view of Mr. Wang, who has frequent haircuts, it is quite cost-effective.

Xiao Li is a graduate student in Beijing, and likes delicious food. She handles cards and recharges in many restaurants. ? There is a Sichuan restaurant that cooks very authentic food. I saved 1,111 yuan, and I was free to eat at the same time, and then I got a 21% discount on consumption. ? Xiao Li said that this card can be used not only by yourself, but also by friends, which is both affordable and convenient.

with the rapid development of electronic consumption and credit consumption, prepaid consumption has gradually become a common consumption mode. ? The so-called prepaid consumption means that consumers pay a certain amount of money to operators in advance and then get goods or services on time or on schedule. ? Chen Yinjiang, deputy secretary general of china law society Consumer Protection Law Research Association, said.

Liu Junhai, a professor at Renmin University of China Law School, believes that under ideal circumstances, both buyers and sellers can achieve a win-win situation. Consumers can get real discounts, project gifts, etc., and also avoid the trouble of each payment; For merchants, they can not only finance and expand their scale, but also lock in customers in this way.

With the popularity of prepaid consumption, some problems have followed. The reporter found through interviews that some consumers have applied for cards on impulse or induced by merchants, but they have not yet consumed them, or they are dissatisfied with the service after spending several times, but they want to return their cards but are rejected; Some businesses even close their doors or run away, so consumers can't continue to enjoy services, and the remaining money is difficult to recover?

In April this year, the Annual Report on the Protection of Consumer Rights and Interests in China (2121) issued by China Consumers Association pointed out that prepaid consumer disputes have always been a difficult point in the protection of consumer rights and interests. In 2121, affected by the fluctuation of the epidemic situation in COVID-19, it is easy for consumers to pay in the early stage, and the complaints that it is difficult to refund in the later stage have increased significantly year-on-year.

　? Prepaid card is the carrier of prepaid consumption, which is divided into multi-purpose prepaid card and single-purpose prepaid card. ? Chen Yinjiang introduced that the former is issued by franchisees and can be used across regions and industries, and is supervised by the People's Bank of China; The latter is issued by commercial entities, and common cards in life, such as fitness cards, beauty salons, car wash and laundry cards, supermarket shopping cards, etc., all belong to single-purpose prepaid cards. ? Among them, single-use prepaid cards are widely used in commodity and service transactions, which is a regulatory difficulty. ?

Ms. Zhou, who lives in Fengtai District, Beijing, loves fitness. At the beginning of this year, she got an annual card of 2,111 yuan in the gym near the community. What she didn't expect was that the store closed in less than two months.

Ms. Xie, who is also a fitness expert and lives in Dazhou City, Sichuan Province, also got a card in a local gym. ? I spoke very well when I applied for the card, but later I found out that there are always more people coming to exercise than equipment. In such an environment, how can I have a good exercise? ? Ms. Xie said frankly.

when the service is poor or the business closes, a refund is often the first reaction of consumers. However, in practice, prepaid card consumption is facing the problem of refund. As time goes by, many consumers choose to give up and think they are unlucky.

signing a contract with a merchant is easily overlooked

? The legal nature of prepaid card consumption is a consumer service contract. ? Chen Yinjiang pointed out that the establishment and performance of ordinary consumer contracts are synchronous and have the characteristics of singularity. What about prepaid card consumer contracts? Pay first, then consume? Single payment, multiple performance? . In this long-term and continuous performance process, merchants are likely to be affected by various uncertain factors, thus causing disputes with consumers.

In the interview, the reporter noticed that, unlike cash on delivery, most consumers tend to ignore signing contracts with merchants when handling prepaid cards. Among them, there are many cases of signing contracts in fitness, teaching and training industries, and there are few other common prepaid card consumption industries.

　? The rights and obligations of both parties are agreed orally, and merchants rarely provide written contracts. When collecting money and settling accounts, the corresponding bills and consumption details will not be provided. Because of the lack of detailed and clear written agreement, consumers enjoy goods or services only with a prepaid card. ? Chen Yinjiang said that in the event of a dispute, consumers are often in trouble because of lack of strong evidence? Empty talk? The embarrassing situation.

having a contract doesn't mean everything is all right. Ms. Liu from Hebei has got a membership card in a beauty club, but she can't enjoy the relevant services because of moving, so she negotiates with the beauty club for a refund. But the beauty club refused to refund the fee on the grounds that it was stated in the signed contract? If you withdraw from the meeting for personal reasons, the membership fee paid will not be refunded? .

　? When many merchants sign contracts with consumers, they take prepared format contracts, which are often mixed with clauses that are unfavorable to consumers. ? Chen Yinjiang said, this? Overlord clause? It sets obstacles for consumers to refund reasonably, which damages the legitimate rights and interests of consumers.

at present, there is only one regulation on single-use prepaid cards at the national level? Measures for the Administration of Single-use Commercial Prepaid Cards (Trial) implemented in October 2112. Liu Junhai said that with the passage of time, there is a lag in the Measures, which only involves? Retail, accommodation and catering, residential service? The three industries have not covered other prepaid card consumption industries that have emerged in recent years.

regarding the supervision of funds received in advance, the Measures require enterprises in the above three major industries to register for the record and deposit them into depository funds in proportion. Chen Yinjiang said that in fact, whether to file and deposit funds depends on the voluntary self-discipline of card issuing enterprises in most cases.

why do you get a card sometimes knowing the risks? Under investigation? Is the discount strong? It is the answer that reporters hear the most. ? Large discounts and generous rebates are the trump cards of operators, and many businesses pass the manufacturing? Is there this shop after this village? The illusion of inducing consumers to buy prepaid cards. ? Liu Junhai said that in the face of various concessions, consumers are inevitably impulsive to apply for cards.

comprehensively and systematically regulate prepaid card consumption

Not long ago, the Shunyi District Market Supervision Bureau of Beijing fined a beauty salon company 3,111 yuan and ordered the company to temporarily stop issuing prepaid cards.

The punishment basis comes from the newly implemented Regulations of Beijing Municipality on the Administration of Single-use Prepaid Cards. The "Regulations" stipulate that when selling single-use prepaid cards, operators should issue certificates to consumers indicating relevant contents or sign written contracts. However, the beauty salon company did not issue credentials or sign a contract when selling prepaid cards, and continued to implement illegal acts after being ordered to make corrections. This case has also become the first administrative punishment case in Beijing to apply the new prepaid card regulations.

the regulations also stipulate? 7-day cooling-off period That is, as long as the consumer does not open the card after purchasing it, the contract can be unconditionally terminated within 7 days, and the operator should refund all the prepaid fees in one lump sum; Definitely not allowed to set? No refund, no replacement, and the right of interpretation belongs to the operator? Unfair and unreasonable regulations for consumers; Establish a deposit and management system for funds received in advance, and punish operators who fail to deposit and manage funds according to regulations?

In recent years, Shanghai, Jiangsu, Gansu and other places have also issued relevant laws and regulations to strengthen the management of single-use prepaid cards. Liu Junhai said that on the basis of local legislation, we should sum up experience, study and introduce laws and regulations at the national level as soon as possible, and comprehensively and systematically regulate prepaid card consumption from the aspects of access conditions, business requirements, code of conduct, fund supervision, and rights protection and relief.

prepaid card consumption involves many departments, such as market supervision, commerce, public security, etc., which is easy to be formed by multiple supervision? Vacuum zone? . Xu Haiyan, a professor at the Law School of the University of International Business and Economics, said that in order to further clarify the scope of powers and responsibilities of various departments, it is suggested to establish a fast, efficient and seamless supervision mechanism with market supervision departments as the mainstay and other departments cooperating with each other, so as to promote the legalization, specialization, intelligence and socialization of supervision.

　? Merchants should constantly improve their sense of social responsibility, operate in good faith, and spend their minds on providing better goods and services and enhancing their reputation. ? Chen Yinjiang said.

Xu Haiyan pointed out that for consumers, it is necessary to maintain a rational and mature consumption mentality, examine the business scale and credit status of businesses, and not blindly listen to sales promotion. If you buy a prepaid card, you must keep the relevant tickets and electronic evidence so that you can fulfill the burden of proof when defending your rights.

　? I haven't used it a few times, and my card is about to expire. ? In mid-April, Ms. Wei from a residential area in Beijing received the message that the barber shop downstairs would close. What about the remaining money in Cary? Just as Ms. Wei was worried, the store called and said that she had docked with another barber shop and customers could continue to enjoy related services.

it's a good idea for merchants and consumers to negotiate. Under the epidemic situation, offline shops are closed from time to time. Some businesses do it maliciously, while others have operational difficulties. Really? The heart is willing, but the strength is not enough? . In view of the situation that some businesses are temporarily closed down and unable to provide services due to the force majeure of the epidemic, some experts have suggested that consumers and operators should understand and give each other, which is not to ignore consumers' rights and interests, but to need everyone to communicate and negotiate at this time to tide over the difficulties. After the difficulties, businesses can compensate consumers by providing better services and more concessions.

Linking

Key points of the Regulations of Beijing Municipality on the Administration of Single-use Prepaid Cards

Article 11 An operator shall not issue a prepaid card or renew a card for a consumer under any of the following circumstances:

(1) Being listed as an executor of bad faith;

(2) The legal representative or principal responsible person is listed as the person subject to breach of trust due to the illegal acts of the work unit;

(3) being listed in the list of business anomalies;

(4) applying for cancellation or going through cancellation procedures;

(5) other circumstances stipulated by laws and regulations.

Article 12 Consumers shall enjoy the following rights:

(1) To know the record keeping of business operators and the deposit and management of funds received in advance;

(2) To fully understand the contents, quantity and quality, price and expenses, expiration date, balance return, risk warning, liability for breach of contract, dispute resolution and other information of the goods or services paid by the prepaid card from the operators;

(3) independently decide to purchase prepaid cards;

(4) Understand the usage of prepaid cards, inquire about consumption records, balance and other information;

(5) other rights stipulated by laws and regulations.

Article 13 A business operator shall issue a certificate to the consumer stating the following contents:

(1) the names and contact information of both parties;

(2) the information of the operator's collection account, the amount received in advance, the payment method and the performance guarantee measures;

(3) the content, location, quantity and quality of the goods or services to be redeemed, the types of redemption calculation, the charging standard and the method of deduction;

(4) the time limit for performance, as well as the ownership or lease or lease period of the business premises;

(5) risk warning;

(6) the scope and conditions of use of the donated rights and interests and the way to handle the refund;

(7) the handling method of advance payment in case of change, suspension and termination;

(8) refund calculation method, channels and handling fees;

(9) methods of loss reporting, replacement and transfer;

(11) consumption records and balance inquiry methods;

(11) liability for breach of contract;

(12) methods to solve disputes.

if a business operator and a consumer sign a written contract with the contents specified in the preceding paragraph of this article, it shall be deemed that credentials have been issued.

the demonstration text of the written contract for prepaid cards shall be formulated by the municipal industry department in conjunction with the municipal market supervision and management department. To formulate a model contract text, we should listen to the opinions and suggestions of consumers, operators, consumer associations, trade associations and chambers of commerce.

article 14 if the prepaid card has a set expiration date, a large amount of advance payment, etc., which is of great interest to consumers, the operator shall give a risk warning to consumers in the written contract.

Article 15 The format clauses, notices, statements, shop notices and instructions for consumers formulated by business operators shall not contain unfair and unreasonable provisions for consumers, such as no refund, no replacement, and the right of interpretation belongs to business operators.

format clauses, notices, statements, shop notices, consumer notices, etc. contain the contents specified in the preceding paragraph of this article, and their contents are invalid.

Article 16 If a consumer fails to pay the goods or services within seven days from the date of purchasing the prepaid card, he has the right to ask the operator to return the card, and the operator shall return the advance payment in full within five days from the date of the consumer's request for returning the card; Consumers should return or pay a reasonable price for the gifts or services they get from purchasing prepaid cards.