"Members buy mobile phones for one yuan." When Ms. Lin in Maoming, Guangdong Province saw the advertisement with iphone13 mobile phone on a short video platform, she couldn't help tempting to click and download a model called“ × "Push" app, and then recharge 39.9 yuan to become a member. However, after becoming a member, Ms. Lin could not successfully "buy" her mobile phone for 1 yuan. The app page prompted her that the welfare fund was insufficient.
Reporter: Han Dandong
After consulting the customer service, he replied: "you can only buy it by adding 1 yuan after meeting the welfare shown on the commodity page. If you pay 39.9 yuan to buy the annual membership card, you can get 49.9 yuan welfare. If the welfare is insufficient, you need to buy the annual membership card again."
Ms. Lin calculated that if sufficient welfare funds are recharged, the recharge amount needs to reach more than 10000 yuan, which is much higher than that of the formal e-commerce platform iPhone 13 price of mobile phones. "This is not a lie"!
The reporter of the rule of law Daily recently found that many apps advertised "1 yuan purchase" and "0 yuan purchase", claiming that they can get all kinds of goods such as mobile phones without paying one yuan or even money, or get free lucky draw opportunities to win mobile phones and other goods by downloading software and watching advertisements, which attracted many consumers. Many people shouted that they were cheated after joining the game like Ms. Lin.
“ × Is it true to buy iphone11 for 1 yuan on the app? " This is a question from Zhihu last May. The following 28 netizens shared their experiences of being cheated under this question, with 212000 views. A year later, such a "game" continues.
Recently, the reporter downloaded × Push the app for experience and find that the app is carrying out the activity of "1 yuan can buy iphone13pro with the original price of 12999 yuan". Click to enter the product details page, and the price column displays "¥ 1, selling price ¥ 12999, exclusive to members". When the reporter clicks to buy, the platform prompts the reporter to open a member to obtain the purchase qualification.
The reporter noted that there is also a special prompt below the commodity price: "the original price is ¥ 1299912998 yuan, and the welfare is paid 1 yuan".
Is this "12998 yuan benefit" directly given by app or how to get it? After contacting the app customer service, the reporter was told: "the corresponding amount of welfare fund is required to buy the products of member exclusive gift activities. The welfare fund can be obtained by directly purchasing the welfare fund or inviting friends to return the welfare fund."
It is reported that opening a monthly card of 9.9 yuan can get a welfare of 9.9 yuan, and opening an annual card of 39.9 yuan can get a welfare of 49.9 yuan; If you invite your friends to open a monthly card and an annual card, you can return 5 yuan and 20 yuan respectively.
In other words, if you want to successfully purchase this iPhone and only rely on your own membership to obtain welfare benefits, you need to open a member for about 261 years, and you need to pay 10393 yuan, plus 1 yuan, a total of 10394 yuan. If you only want to spend 1 yuan to buy, you have to invite 650 friends to open an annual card. And the same Apple The price of the mobile phone on Apple's official website is 8799 yuan.
Many netizens, like Ms. Lin, spent 39.9 yuan to become members before they found that "1 yuan purchase" was difficult to achieve, and it was difficult to get a refund.
The reporter noted that, × Push app also gives a so-called "limited time benefit for newcomers", that is, an opportunity to get free of charge. The reporter chose a mobile power supply and clicked "get it for free". As a result, the page jumped out and asked the reporter to complete the task (that is, download an online game app and try it for 1 minute) to get it for free. However, the reporter repeatedly operated as required and failed many times.
A user commented at the bottom of the app: "there is no free order at all. It still can't be done after completing the task as required. It's all a routine."
There are far more apps playing this "game" × Push one. The reporter learned from the interview“ ×× "Save money"“ × Tile "“ × Huimeow Award × Many apps such as "many" have launched similar activities such as "1 yuan purchase" and "0 yuan purchase".
×× Saving money to buy an app launched the "1 yuan second kill iphone12" activity. Ms. Li in Yangzhou, Jiangsu downloaded the app after seeing the advertisement and paid 29.9 yuan according to the pop-up requirements. As a result, the second kill activity could not participate at all, and the 29.9 yuan paid was inexplicably regarded as a membership fee and could not be refunded.
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× Wa app launched the "happy purchase for new people" activity, advertising 29.9 yuan to kill household washing machines and other goods. It was found that this 29.9 yuan was the cost of recharge members after consumers paid 29.9 yuan. Many consumers complained on the third-party complaint platform that they thought 29.9 yuan was a second bargain and didn't promise to become a member. When contacting customer service to protect their rights, manual customer service has been busy and can't be contacted at all.
"From now on, I don't care if you like it or not, I'll take this 0-yuan iphone12 home immediately. I don't spell orders or bargain. It's half the activity time. Isn't it fragrant to spend 0-yuan to send relatives and friends? Don't hesitate to see the video. I'll tell you how to kill it for 0-yuan." The reporter saw such an advertisement on a short video platform.
The reporter clicked the link at the bottom of the video to download a product called "award" × More apps. The app page shows that if you want to kill iphone12 and other products for 0 yuan, you must watch the video advertisement promoted by the platform, obtain the lottery code and participate in the lottery. The ads on the app page are dazzling, including all kinds of software ads that claim to make money by playing games and reading, and all kinds of online loan platform ads.
And one called“ ×× The app of "save money" advertised "the rush purchase price of iphone12pro is 1 yuan", with the text "congratulations on catching up! The original and genuine iphone12pro mobile phone is only at this price today". The reporter downloaded the app in the mobile software mall and clicked the activity of "1 yuan to take away the new mobile phone", but what jumped out was "9.9 yuan to open a member".
Originally, the so-called "1 yuan to take away the new mobile phone" is carried out in the form of a lottery. If the user's rush purchase code is consistent with the lottery code, it will be a winner, and the way to obtain the rush purchase code is to spend money to open members. Some users commented that they spent more than 200 yuan and didn't get anything.
So people can't help asking: can online shopping platforms publicize and carry out activities in the form of "1 yuan purchase" and "0 yuan purchase"? Is the "1 yuan purchase" and "0 yuan purchase" activities of the above apps illegal?
Han Yingwei, partner of the global headquarters of Yingke Law Firm, believes that as an operator, the shopping platform should clearly price goods and services in strict accordance with the relevant provisions of the law; If "subsidies", "welfare funds" and other "substitutes" are used for publicity, detailed, true, comprehensive and accurate instructions on the use rules shall be provided to consumers, and there shall be no false or misleading publicity; When consulting consumers about goods or services, they shall give true and clear answers and accept consumer supervision.
"The above apps mislead and deceive consumers to recharge in the form of 'subsidies'. In fact, consumers' subsidize' themselves, resulting in losses. The behavior of merchants violates the principle of good faith and is suspected of false publicity, false advertising and even fraud." Han Yingwei said.
Zhu Wei, deputy director of the communication law research center of China University of political science and law, said that the model of "1 yuan purchase" and "0 yuan purchase" itself is a consumption trap, inducing consumers to buy goods with higher prices or draining them; At the same time, consumers get virtual currency by recharging, and businesses limit the consumption range and proportion of virtual currency, resulting in damage to consumers' rights and interests. Relevant law enforcement departments should carry out special rectification of this disorder.
For the issue of how to protect consumers' rights after being stereotyped, Zhu Wei said that if the standard terms of APP have the right of unilateral interpretation, expand their own rights and reduce consumers' rights, such standard terms are invalid. If consumers sue to the court, according to the provisions of the Supreme People's court on Several Issues concerning the application of law in the trial of online consumption dispute cases (I) issued in March 2022, The people's court shall determine that the standard terms are invalid.
"If consumers encounter a similar routine and their legitimate rights and interests are damaged, they can complain to the consumer association and request the consumer association to investigate it or expose it through the mass media; they can also complain and report to the market supervision and administration department and impose administrative punishment on the illegal acts of the operators; retain relevant evidence and file a civil lawsuit with the people's court to require the operators to bear corresponding civil liabilities and safeguard their legitimate rights and interests. ”Han Yingwei said.