Cancellation is still very difficult! How could this ETC product operate like this?, Well done but with fancy charges, clearly promising free consumers | ETC | product
Recently, Jiefang Daily's Shangguan News received feedback from several citizens that they had all applied for ETC products called "Jinrun Er Dang Jia" under the recommendation of local sales personnel. However, it was not until the application was successfully initiated that they realized that the promised "free" service at the time of application did not exist, and that cancellation would require additional fees, making it difficult.
There are many complaints about "Shanghai Jinrun ETC" on the Black Cat Complaint Platform. The reporter found that as of August 1st, a total of 1142 complaints have been filed. Due to the company's registered location in Shanghai, many citizens have also called the Shanghai 12345 Citizen Service Hotline, hoping that merchants can refund fees and regulate promotional behavior.
On the Black Cat Complaint Platform, the number of related complaints has exceeded a thousand.
Fee items emerge endlessly
Not long ago, Ms. Shi received a phone call claiming to be a highway worker, promoting ETC products to her. Upon hearing that the product was "free", Ms. Shi was a bit tempted and decided to proceed after confirming it multiple times. As a result, during the application process, the other party was informed that they needed to pay a deposit of 300 yuan. However, after successful application, they could refund 10 yuan per month, which is equivalent to the activity of pre storing phone bills and is still cost-effective. What she didn't expect was that after the salesperson taught her how to use it, there was a big change in her statement. "The discount coupon that is returned every month is 10 yuan, and it will expire if not used in the month and cannot be accumulated." Ms. Shi was very angry and immediately requested to cancel the ETC. At this time, the salesperson informed that a penalty of 50 yuan would be paid for cancellation, and 300 yuan could not be returned. "Isn't this deceiving consumers?"
Coincidentally, Mr. Wu also encountered the same situation. At that time, the salesperson directly entered the company to promote products, and promised no additional fees during on-site processing, only requiring a deposit of 300 yuan, which can be used to offset tolls. However, when he drove onto the highway, he realized that his account balance was zero. In the payment record, the 300 yuan pre deposited became a "platform management fee" and was directly transferred to ETC company, not in his personal account. "Their product model belongs to 'use first, pay later'. Due to not paying in time, my card was suspended and I had to pay a 128 yuan re card fee to resume use. As I was in a hurry to pass on the highway, Mr. Wu paid the re card fee, but the card function did not immediately recover. He had to pay cash on the spot before getting off the highway.". Given this experience, Mr. Wu decided to cancel his account. He was also informed by customer service that an additional cancellation fee of 50 yuan was required, and the 300 yuan "pre deposit amount" in his card could not be refunded due to past due records.
It was promised to be free, but after it was done, there were fancy charges. Such roast were everywhere on the Black Cat complaint platform. After sorting out more than 100 complaints, the reporter found that in addition to the above 300 yuan deposit and 128 yuan re card fee, some consumers roast that the cancellation fee could reach 180 yuan, and ETC would also charge a certain proportion of toll fees as "service fees". Some consumers roast that "the price of ETC, which is claimed to be more favorable, is higher than the price he earns manually when he goes up and down the highway with his friends".
On the Black Cat Complaint Platform, there are many such reactions.
Sign the contract without knowing it?
What puzzled Mr. Wu was that due to the cumbersome process during the transaction, he handed over his phone to the salesperson for full operation. Later, when using the "Jinrun Second Master" mini program, he discovered a contract of over 20 pages. Mr. Zhu from Sichuan said that the entire process was handled by the salesperson, and he didn't show me how he handled it at all. I didn't even know what contract he had signed. It wasn't until the reporter reminded him that he realized he had signed a 26 page contract without his knowledge. The reporter obtained the entire contract from a complainant, which includes 7 independent documents, each with the complainant's signature in red printed format.
Upon careful examination, it is not difficult to find that there are three parties to the signing of this "Jinrun ETC Accounting Card User Service Contract": Party A's commercial factoring company, Party B as the ETC issuing institution, and Party C as the card purchaser, i.e. the consumer. It mentions 6 types of fees including platform management fee, information service fee, factoring fee, deposit, payment handling fee, and cancellation penalty, but does not specify the amount or rate of the fees, only stating that "the specific amount and payment method shall be subject to the platform announcement or platform announcement and notification corresponding to the product selected by Party C when signing or changing the product". Research contracts have found that consumers who purchase Jinrun ETC actually sign a commercial factoring contract. The ETC issuing institution transfers the future accounts receivable generated by consumers using the ETC accounting card with a "pass first, pay later" policy to the commercial factoring company, which is responsible for the collection of accounts receivable and advance payment of tolls. Public information shows that there are similar ETC financial innovation products in many parts of the country.
Contract details sent by consumers.
Regarding the cost details, the reporter called "Jinrun ETC" national customer service to inquire about the details. The customer service representative stated that the 300 yuan fee paid during card application is the "platform usage fee", which is directly transferred to the company account and cannot be used on a daily basis. A full refund can only be applied for after "using it for 36 months without any overdue situations". If two conditions cannot be met simultaneously, the fee cannot be refunded, and the ETC is cancelled in advance, not only will it result in a loss of 300 yuan, but an additional fee of 50 yuan will also need to be paid. In addition, if ETC is suspended, a re card fee of 128 yuan must be paid. After ETC is re card, the balance of the fee can be seen in the consumer's personal account, but it is frozen and cannot be used. "To prevent consumers from forgetting to pay the toll in a timely manner in the future, the frozen fee can be directly deducted to pay the toll." The so-called certain proportion of service fee, explained by customer service, is charged at 3% of the road toll after consumers enjoy a 95% discount, called factoring service fee. This money corresponds to "the company platform provides customers with 24-hour service to ensure after-sales service is guaranteed.".
As for many consumer complaints about false advertising, customer service stated that according to company regulations, promotional personnel should provide consumers with clear and detailed information, and key information should also be presented on the page during ETC processing. "If the salesperson completes the contract signing without detailed explanation during the processing, you need to keep relevant evidence."
Lawyer: Suspected of false advertising
Regarding this, Liu Huihui, a partner of Beijing Jincheng Tongda Law Firm, believes that Jinrun ETC business personnel are suspected of false advertising. It is crucial for consumers to have the right to know whether their promotional information matches the actual situation of ETC processing. False advertising makes it impossible for consumers to know the true and comprehensive situation of their purchase of ETC products, resulting in consumers signing contracts without knowledge. This behavior violates the relevant provisions of Article 8, Article 20, and Article 45 of the Consumer Rights Protection Law of the People's Republic of China regarding the right to information of consumers. Article 153 of the Civil Code clearly stipulates that civil legal acts that violate mandatory provisions of laws and administrative regulations are invalid. Therefore, she believes that the relevant contracts have no legal effect. In addition, Liu Huihui believes that contracts signed by consumers with printed names are not an act of voluntary signature by consumers, which damages consumer rights and should be considered invalid.
Liu Huihui told reporters that the contract terms that did not clearly specify the amount or rate of the relevant fees are not standardized. Article 13 of the Price Law stipulates that when a business operator sells or purchases goods or provides services, it shall clearly mark the price in accordance with the regulations of the government price regulatory department, indicating the product name, place of origin, specifications, grade, pricing unit, price or service items, charging standards, and other relevant information. Business operators are not allowed to sell goods at an additional price beyond the marked price, and are not allowed to charge any fees that are not indicated. Liu Huihui said that car owners applying for ETC is essentially a consumer behavior. Since it is a consumption behavior, it is necessary to clearly indicate the price. Before handling, the sales unit should truthfully inform consumers of all the terms and conditions, ensuring their right to know and choose. Instead of intentionally false advertising or concealing the true situation, causing consumers to fall into a consumption trap. Consumers have legitimate and legitimate reasons to protect their rights, and ETC company should bear the responsibility and fully refund all types of fees to consumers.
As of the time of publication, the issues raised by Ms. Shi, Mr. Wu, Mr. Zhu, and others have not been satisfactorily resolved. Our reporter will continue to follow up on this matter. In addition, it is also important to remind the general public not to easily hand over their phones for others to operate, regardless of the purchase of any product, in order to avoid falling into traps.
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