First, the nature of the "monthly donation by the US delegation"
According to the description on the first page of the credit payment contract of Meituan Monthly Payment, "Meituan Monthly Payment" is the abbreviation of "Meituan Monthly Payment Consumer Loan". It is a credit payment service provided by Chongqing Meituan Sankuai Microfinance Co., Ltd. (hereinafter referred to as "Meituan Microfinance") and its cooperative financial institutions (hereinafter referred to as "service providers") for registered users of Meituan. After the user accepts and completes the signing of the above contract, he can use the credit line for consumption. After the interest-free period expires, he will repay the interest as agreed. In essence, it is a small consumer loan product, and the agreement to pay interest after a certain period of use is more similar to a bank credit card.
Second, there are legal problems in the open mode of "monthly package by the US delegation"
According to some netizens' tests, clicking "I want to subscribe for the month" opens "Meituan subscribes for the month", and there is no need to bind the bank card or "read the consent form". It is easy for most users to ignore the words "Click to read and agree to Meituan Monthly Credit Payment Contract and Meituan Financial Privacy Policy" marked in small print below the button and click to open Meituan Monthly Payment. As the provider and service provider of standard terms, Meituan Small Loan should pay attention to the obligation of prompt when its specialty and leading position are dominant. It should be clearly and intuitively indicated on the interface that the service is a small consumer loan, and the relevant contract of click-and-read should be set as the precondition for opening the "monthly payment for the US delegation", so as to better fulfill Article 17 of the E-commerce Law: "E-commerce operators should disclose the information of goods or services in a comprehensive, true, accurate and timely manner to protect consumers' right to know. E-commerce operators are not allowed to conduct false or misleading commercial propaganda by means of fictitious transactions or fabricated user evaluations. Deceive or mislead consumers. "
On the page, if you use Gong Yue, you still need to check it. After exiting, enter the monthly card again to open the payment interface, and the page displays four payment methods: bound bank card, "Meituan Monthly Payment", WeChat and Alipay.
It can be seen that Meituan Small Loan has modified the default practice of "Meituan Monthly Payment", but it still tries to guide users by giving priority to pop-up display, and uses descriptions such as "exclusive monthly payment benefits" and "0 yuan enjoys worry-free repayment for the first time" to induce users to click, without clearly indicating the nature of its small consumer loan. The logic behind it is still to use users' usage habits to let users express their intentions without knowing the details.
After signing the contract by mistake, if the user intends to do it, according to Article 147 of the Civil Code: "The actor has the right to request the people's court or arbitration institution to cancel the civil juristic act based on gross misunderstanding", and Article 15 1: "If one party takes advantage of the other party's restlessness and lack of judgment to cause obviously unfair when the civil juristic act is established, There are also various obstacles to the cancellation of the "Meituan Monthly Supply Contract": for example, due to the constant changes in the policy and technical settings of the "Meituan Monthly Supply Contract", it is difficult to restore the signing process of electronic contracts, which makes it more difficult for users to prove their untrue intentions or major misunderstandings; After some users inadvertently open the monthly payment function for consumption, due to negligence or information interception function, they did not pay attention to the repayment prompt, and it may have exceeded the time limit for exercising the cancellation right when they found out, so it is difficult to safeguard their rights and interests through litigation. In this regard, the introduction and refinement of laws, regulations and regulatory policies is more convenient and effective for the competent state departments to exercise the power of regulatory punishment and safeguard the legitimate rights and interests of consumers.
Third, the consumption trap behi
In this way, the user's personal credit report should reflect the loan information under the "monthly payment of the US Mission". If the service provider fulfilled the reporting obligation, Meituan customer service said that "no personal credit" was suspected of false propaganda; If the service provider fails to fulfill its reporting obligations, it will violate the Regulations on the Administration of Credit Information Industry. Regrettably, the Regulations on the Administration of Credit Information Industry and the Interim Measures for the Administration of Online Microfinance Business (Draft for Comment) issued by the China Banking Regulatory Commission and the People's Bank of China have not made corresponding punishment rules for credit institutions that fail to provide systematic information to the credit information system, which greatly reduces the legal constraints of these regulations on microfinance institutions.
Therefore, the author believes that: from the national level, the People's Bank of China, China Banking Regulatory Commission and other relevant supervision and management institutions should timely introduce the compulsory access system for credit information of credit reporting institutions and corresponding disciplinary measures to promote macro-control of credit and guide rational consumption; As far as individual consumers are concerned, small consumer loans may not be displayed in personal credit information. Once it is overdue, the credit reporting agency will pursue it through judicial means, and the relevant litigation dispute information will be recorded and inquired. If you are listed as an executor of dishonesty, in addition to various consumption restrictions, it will also seriously damage personal credit. Remind consumers to spend rationally according to their own economic situation and actual needs.
(2) After the overdue payment, the service party can directly deduct the expenses for realizing the creditor's rights except the principal and interest.
According to Article 8, breach of contract and default handling, the service provider has the right to directly deduct the payable amount from the user's Qian Daibao account or the bank card account bound to the Qian Daibao account once the monthly payment of Meituan is overdue. In addition to the loan principal and interest, the amount payable also includes all expenses such as investigation fees, attorney fees, notarization fees and evaluation fees.
According to the above agreement, the service provider's deduction channels for defaulting users, including the bank card bound by Meituan Qianbaobao, can realize direct inter-bank deduction that banking financial institutions can't do; The scope of deduction is also beyond the principle of principal and interest followed by banking financial institutions, and its rationality remains to be discussed:
First, the amount of deduction is uncertain, and ordinary users cannot reasonably predict the cost and loss of default.
Users can clearly calculate the principal and interest amount and overdue penalty interest according to the loan interest rate, service fee standard and overdue penalty interest displayed on the page when using "Meituan Monthly Payment". When the service provider realizes the creditor's rights, the lawyer's fees and appraisal fees are unfamiliar to ordinary users, and they are negotiable and adjustable fees, which are obviously unpredictable for users who are not parties to the contract. As for the investigation fee, its specific reference basis, payment subject and charging standard are all lacking, and its amount is simply confirmed by the service provider, which makes it more difficult for users to judge.
Second, evade the burden of proof and damage the legitimate rights and interests of users.
Judging from the judicial practice of loan contract disputes, on the premise of contractual agreement, reasonable charging standard and actual payment, the court supports the plaintiff to ask the defendant to bear the expenses of realizing creditor's rights such as attorney's fees. The meituan monthly credit payment contract has stipulated that attorney fees, investigation fees and other expenses should be included in the contract. Referring to similar judicial precedents, the service provider of Meituan Monthly Payment should show the legal and valid expense voucher to the user before deducting it, and explain its rationality. However, the above-mentioned remedies for breach of contract evade the burden of proof of service providers, and the rationality and transparency of deduction cannot be guaranteed, which damages the user's right to know and defense.
Third, the cost deduction of realizing creditor's rights is beyond the conventional way.
1997 The People's Bank of China issued the Reply of the People's Bank of China on whether financial institutions can deduct repayment, and authorized banks can deduct the funds in the borrower's account according to the contract to offset the rationality of creditor's rights. The main basis is the fourth paragraph of Article 22 of the General Rules for Loans: "Lenders' rights: independently review and decide loans according to loan conditions and procedures, and have the right to refuse loans from any unit or organization except specific loans approved by the State Council. 4. Transfer the loan principal and interest from the borrower's account as agreed in the contract? " .
According to the author's many years' experience in banking and searching for judicial cases, it is believed that banking institutions will agree with borrowers that there will be defaults such as loans overdue in various loans, and banks have the right to deduct funds directly from the deposit accounts opened by borrowers in various institutions in the banking system. The scope of funds is usually limited to the principal and interest of the loan, and the expenses for realizing the creditor's rights such as lawyer's fees and legal fees are recovered through judicial channels, and the judicial organ will deduct the borrower's account according to the effective legal documents.
Although Meituan Small Loan, as a wholly foreign-owned financial institution, is not applicable to the General Principles of Loans, in view of the fact that the supervision and management institutions such as the People's Bank of China have not stipulated the rights and methods of deduction for wholly foreign-owned financial institutions at present, compared with the industry practice of banking financial institutions, the right of claim recovery granted by Meituan's monthly credit contract has gone far beyond the conventional principles in judicial practice, and people have to question its rationality. In this regard, it is urgent for the relevant state supervision and management departments to formulate relevant management regulations to be clearly regulated. For users, the most favorable way at present is to control the balance of Qianbaobao, limit the scope of bank cards bound by Qianbaobao and Meituan, and limit the bound account balance.
(3) The subject of collecting and sharing users' personal information is not clear.
According to the relevant provisions of Meituan's monthly credit payment contract, service providers have the right to collect the data and information left by users in their affiliated companies and partners, and enjoy the user's identity information, contact information, performance information, performance ability judgment information and so on. Cooperate with third parties such as affiliated companies and partners without separate authorization from users. As for the affiliated companies and partners of service providers, they are not listed in the contract. The terms of the contract formally state the scope of collection and use of personal information to customers, but in essence, the specific subject is not clear, which fails to meet the first paragraph of Article 4 1 of the Network Security Law: "Network operators should follow the principles of legality, justice and necessity, openly state the rules of collection and use, and clearly state the purpose, manner and scope of collection and use of information. And with the consent of the person who has been collected ",Paragraph 2 of Article 9 of the Regulations on the Protection of Personal Information of Telecommunications and Internet Users:" When collecting and using users' personal information, telecom operators and Internet information service providers shall clearly inform users of the purpose, method and scope of collecting and using information, the channels for inquiring and correcting information and the consequences of refusing to provide information ". Therefore, in the process of using "Mei Tuan Monthly Donation", the subject of collecting and using personal information (including personal property information) is vague, which increases the risk of personal information being abused and leaked.
The legal problems and consumption traps behind the above-mentioned "monthly payment by the US Mission" are not unique to the US Mission's small loans, but are common practices of Internet lending institutions. There are still regulatory loopholes in the existing laws, and the state needs to improve the laws and regulatory policies as soon as possible. Operators should strictly abide by industry regulations and implement measures to protect consumers' rights and interests. Consumers should also rationally consume, be vigilant, guard against risks, adopt a three-pronged approach, effectively regulate Internet credit business, and improve the protection of consumers' personal rights and personal information under the Internet environment.
Related question and answer: how to close the monthly supply of the US Mission? Meituan monthly payment closing operation:
First, open our Meituan client and click my button. Then you can see the wallet interface and click enter. After enabling monthly payment, click to enter the monthly payment interface. After entering the monthly service interface of Meituan, click the Close button, then select the reason for closing, and click Close below.
See if you meet the requirements. If so, click OK to close. Then you will see the prompt on the interface that we have successfully closed it. After closing, you can apply again if you need to open it.
1. User evaluation failed and the platform was closed. Because the monthly payment of Meituan is gradually opening up, and the invitation standard can only be met if the comprehensive conditions of the platform are met, otherwise it is likely to be closed. Therefore, users are advised to see if there has been any overdue recently, or if there is any abnormality in personal work income, which has been discovered by the platform.
It has not been used since the credit was granted, which led to the cancellation of the open entrance.
2. In addition, the official customer service suggested that if it is not caused by the evaluation, you can uninstall the APP first and then try again. There may be something wrong with the software. It is suggested that users must consume and use according to the requirements of the platform after obtaining the monthly credit of Meituan. This includes consumption scenarios.
You can only spend money where you support it. After the bill is issued, you should prepare the repayment funds, and the repayment on time cannot be overdue, otherwise the normal authorization will be affected. The above is Xi Cai Jun's question about "What's wrong with the entrance of the US Mission?" . Generally speaking, there may be a problem with the APP.
You can uninstall and try again. It is also possible that the user's current comprehensive evaluation is unqualified, the credit status and historical use do not meet the requirements of the Meituan platform, and the platform withdraws the right to use and closes the entrance. Affected by the COVID-19 epidemic, consumers are becoming more and more rational and cautious. The monthly product positioning of Meituan, which pays attention to first come first served and superimposes preferential rights, just fits the change of this consumption trend.