Shenzhen proposes legislation to provide consumers with simple automatic renewal and cancellation services – yqqlm

IT House reported on May 15 that the Shenzhen Municipal Bureau of Justice recently issued a public solicitation for “Shenzhen Special Economic Zone Regulations on the Protection of Consumer Rights and Interests (Draft for Comment)“The Notice of Opinions stipulates the rights of consumers and the obligations of operators, the special obligations of e-commerce operators, and the legal protection of consumers’ rights and interests.

IT House found that Article 33 of the “Draft for Comments” stipulates that[Automatic renewal】related information. If an e-commerce operator provides services by means of automatic renewal, automatic renewal, etc., the following provisions shall be specified:

(1) Before the consumer activates the automatic renewal service, truthfully, accurately and completely inform the consumer of the automatic renewal service content, period and deduction amount, time, method and other matters in a conspicuous way and in clear and easy-to-understand language;

(2) Not to force consumers to activate the automatic renewal service by means of default check, forced bundling, fraud, etc.;

(2) should beFive days before the expiration of the service period, and inform consumers of the automatic renewal service content, deduction amount, etc. through effective means such as phone calls, text messages, and emails, and consumers can choose at their own discretion. The deduction time shall not be earlier than forty-eight hours before the start of the next service period;

(3) If quarterly, monthly or the following time units are used as the billing cycle, confirm the validity of the automatic renewal agreement to consumers every 12 months; if the billing cycle is annual, the consumer will be notified every three years. Confirm the validity of the automatic renewal agreement to continue to perform. If the performance is continued without the explicit confirmation and consent of the consumer, the automatic renewal service shall be terminated and the fee shall not be deducted accordingly;

(4) If the price and other major changes in the automatic renewal agreement need to continue to be performed, the express consent of the consumer shall be obtained;

(five)Provide consumers with a significant and easy way and option to cancel or change auto-renewal at any time.

In addition, a number of provisions in the “Draft for Comments” include the “Prepaid Consumption Specifications”, if the operator provides services in the form of payment in advance,Consumers have the right to request a refund without reason within seven days from the date of paymentthe operator can deduct the reasonable expenses it has incurred for the provision of services.

If the operator terminates business activities,A notice should be issued 30 days in advance, and inform consumers and refund the prepaid balance by effective means such as phone calls, mobile phone text messages, emails, instant messaging, etc. After a business operator terminates its business activities, if its rights and obligations are taken over by other business operators, the undertaker shall continue to provide commodities or services to consumers who hold prepaid certificates, and shall not impose new conditions on consumers or detract from consumers’ rights.

“Shenzhen Special Economic Zone Consumer Rights Protection Regulations (Draft for Comment)”:click to download

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