65438+1On October 29th, the official WeChat account of Beijing Chaoyang District Financial Dispute Mediation Center issued an announcement, asking P2P advertising spokespersons to cooperate with the implementation of risk resolution. The announcement pointed out that some online lending institutions hired well-known artists and public figures as advertising spokespersons in order to seek illegitimate interests. The spokesperson failed to fulfill the obligation of review and made false propaganda, and was responsible for the damage results. Therefore, these advertising spokespersons are required to explain relevant issues and cooperate with the work of repaying online loans.
Many stars have endorsed P2P.
Gifts from P2P have been secretly marked with prices.
It is an important means for P2P to open the market in the past few years to employ celebrity endorsements and gain customer trust by using celebrity effect. There are not a few stars who have taken P2P advertising fees.
Fan Bingbing was the image ambassador of Ma Zi Financial Bank, but it was difficult for Ma Zi Financial Bank to withdraw cash at that time.
Huang Xiaoming once advertised for Donghongqiao Finance Online. Later, when the redemption of Donghongqiao Financial Online was difficult, Weibo of Huang Xiaoming was also captured by debt collection comments.
E-Rent, a box-office advertising company in Tang Yan, Li Xiang, Qu Ying, Christy Chung and Hu Jing. Yu Quan Group acted as the spokesperson of Jiuding Loan, and then the loan treasure was overdue in a large area, which was deeply involved in the "naked loan" storm.
In addition, Lang Lang's endorsement of American listed companies such as Green Energy Bao and Wang Baoqiang's endorsement of the group loan network, endorsement of assets, platforms such as Pan Asia and Kuailu have all exploded. The loan of Renren Company, which invited Zhang Hanyu to shoot a promotional film, was also difficult to pay not long ago, and investors had to "get off at a discount".
(Zhang Hanyu Renren Loan Business)
There have also been incidents in which investors sued P2P spokespersons.
After Xiao-Ting Pan, the "Queen of Nine Balls", endorsed the "Zhongjin Series" wealth management products, the injured investors sued Xiao-Ting Pan and demanded compensation of 200,000 yuan. However, because it is difficult to determine that Xiao-Ting Pan "knew or should have known that the advertising content was false", the court did not support the investor's claim for compensation. However, Xiao-Ting Pan actively cooperated with the public security organs to refund all endorsement fees.
What kind of responsibility should the spokesperson bear?
Article 38 of the Advertising Law stipulates that advertising spokespersons shall recommend and certify goods and services in advertisements according to the facts and in accordance with the provisions of this Law and relevant laws and administrative regulations, and shall not recommend or certify unused goods or services.
Article 56 stipulates that if a false advertisement causes harm to consumers, its advertising agents, publishers and spokespersons shall be jointly and severally liable with the advertisers if they know or should know that the advertisement is false and design, produce, represent, publish or make recommendations or certificates.
If the spokesperson violates these two articles, that is to say, he has never used the product, or still recommends it knowing that the advertisement is false, the market supervision and management department will confiscate the illegal income and impose a fine of more than one time but less than two times the illegal income.
Yang Chunbao believes that in mediation, spokespersons may be required to retire according to 2-3 times the endorsement fee. Do not cooperate, you can suggest that the market supervision and management department be punished according to the above provisions.
At the same time, Yang Chunbao also pointed out that it may be difficult to investigate joint and several liability, which requires case analysis and cannot be generalized.
In a specific case, it is difficult to determine whether the spokesperson knows that the product is false and whether he has accepted the service of the online loan platform. The announcement of Chaoyang District Financial Dispute Mediation Center only requires the spokesperson to explain the situation, but does not clearly indicate what responsibility the P2P spokesperson needs to bear.
In addition, in February, 2020, the State Council passed the Regulations on Prevention and Disposal of Illegal Fund-raising (Draft), which made strict provisions on the administrative and criminal responsibilities of illegal fund-raising, the repayment of funds and the consequences that participants in illegal fund-raising should bear. In the future, the protection of financial consumers' rights and interests will certainly be more perfect.
For ordinary investors, investment needs to be cautious, and it is not advisable to blindly believe in celebrity spokespersons.