YouTube "Penny experience member of the 7-day" by Groove: or suspected of forcing trade-youku, member-IT information
If the user can prove that open YouTube member is not I, but YouTube is, in this case, first of all, use information held by forcing users to open members, youku or suspected of stealing personal information without permission and, secondly, without the user knowingly deducting money, suspicion of intentional violations of consumer rights to property
"Until now I don't know how my YouTube Member opened? "About his encounter, Wang Sheng, Fujian area (not his real name) telephone that some frustration.
On May 4 this year, Mr Wang suddenly found their treasure was out in the day to pay 15 Yuan, Bill details show that this deal to buy YouTube monthly Gold membership, but Mr Wang said he did not buy membership also found after login to their account, he did not open membership services.
Rule of law reporter found in a survey over the weekend, Mr Wang is not the only people who have this experience. Number of legal persons, if the user can prove that its Member Services opening, youku has an unshirkable responsibility.
Not a member but was deducted a membership fee
"I'm a total of 3 a YouTube account, login again one by one, are not members who opened me a YouTube Member? Deduction where the money for it? "Back to May, Wang Sheng-still a bit confused, but more trouble was, he had no way to turn this renewal settings.
Mr Wang told law reporter over the weekend, in the last year have participated in YouTube "1 cent experience member of the 7-day" activities, but did not buy activities after the expiry of membership services, other times and never purchased membership services, the "first time in such a long time, what had suddenly become a Member? ”
Wang Sheng wanted YouTube to refund, and explain the problem. After some communication, YouTube customer service helped him to cancel the renewal settings, refunds and explained in the original concept and Wang Sheng, and ultimately did not appear.
Reporters noted that as early as 2014, there are platform users get complaints about similar problems. Jilin province, Xu Zheng (not her real name) is one of them, in 2014, he experienced the YouTube "1 cent experience Member" activities have not been opened through the Member Service, but its PayPal button in March or April 2014 respectively by 15 Yuan in membership fees.
Xu Zheng silent is even more, charged during his unique YouTube account displays the membership service is not available. "I'm not even a member, and what kind of membership fee? And deducted every month, this behaviour and looting have difference? "Xu Zheng angrily questioned online.
Not only that, but 21 get complaints, SINA weibo and other sites also have a large number of netizens, don't know when, his YouTube members had opened, and found after deductions for many months in a row.
Twitter users "ru ru is" said that in addition to YouTube before and after the Spring Festival this year sent 1 month membership, himself never handled a YouTube Member, but in March, she found PayPal automatically debits the purchase "continuous monthly member" service "that is automatically selected by default? Continuous automatic deduction? "She was very puzzled.
Events got in more trouble
Law weekend reporter called YouTube customer service phone, asked questions about Wang Sheng and others. Customer service enquiry, said Wang Sheng Alipay charges because of its participating in the "7 day Member activity 1 cent experience", the tick "auto-renew and agree to automatic renewal service agreement", so there will be a subsequent automatic deduction.
Public information displayed, last year June to July, excellent cool launched has "1 points money experience 7 days members activities", activities rules 3rd article, and 4th article provides respectively for: "1 points money experience members will statue enjoy continuous monthly members privileges, automatically joined continuous monthly plans" "experience service 7 days, due Qian 24 hours system will active from you of paid treasure or micro-letter account in the buckle paragraph 15 Yuan, automatically opened continuous monthly service, continued Fee success extended one months validity".
As a rule, Wang Sheng, Xu Zheng, who should experience before the end of the account fee, but the actual situation is experiencing activity began to charge only a few months after the end of the.
In this regard, the customer service explained: If the user's PayPal balance is insufficient, that month will not be charged, nor adding member services until the sufficient balance in the PayPal user will only charge and member service.
But why the money is still not a Member? Customer Service staff insisted that will not happen, and said that after deductions, accounts must be members, "may be the user's account had made a mistake, or is a member of the user fee is due, account is not a member."
Rule of law contacted YouTube's head of public relations at the weekend, said that he appeared charged member does not open, there may be users engage in some activity, is certified through the mobile phone, system, give the phone to automatically register an ID, automatic renewal opening of this ID, rather than the user ID of the other common.
One Internet technology people told rule of law weekend reporter, user of excellent cool account in not informed of situation Xia was opened members, may has several situation, first is user previously open through or experience had excellent cool of members, and in not informed of situation Xia hook selected has continuous monthly service; second species is personal information was leaked, was outlaws using; third species is is excellent cool using master of user information, forced for user opened has members service.
Or suspicion of forced trading
Professor Wu Jingming told law school of China University of civil and commercial law reporter over the weekend, at present, multiple Internet platforms to implement membership, his social networking accounts and I've met all of a sudden became members.
"Now the general membership can be divided into two types, one is paid for, and is free of charge. "Wu Jingming said, regardless of is which species form of members, user joined not joined members, are should according to voluntary principles," even is free of members business, in not by user of agreed Xia forced makes its became members, also against has user of informed right; more alone is paid members, which also involves property, problem, if website in user not informed of situation Xia ' makes ' its became members, website of this behavior can finds is forced trading. ”
8th the new consumer law provides that consumers aware of their purchase or use of goods or receiving services from the real situation right; its 16th article, operators providing goods or services to consumers should abide by social morality, integrity management, and protect the legitimate rights and interests of consumers; not to create unfair and unjustified trading conditions may compel transactions.
Wu Jingming believes that if the user can prove that open YouTube member is not I, but YouTube is, in this case, YouTube or violation of the law.
"First of all, use information held by forcing users to open members, youku or suspected of stealing personal information without permission and, secondly, without the user knowingly deducting money, suspicion of intentional violation of the property rights of consumers. ”
Wu Jingming believes that if the user can prove that is not open membership, then the site should give up its membership, and to return the funds, not only covered the membership fees deducted, should also include the Member pay to solve the problem of communication costs, even after deducting interest income arising from the membership fees, and so on.
User not informed about the signing of the agreement as invalid
"The 10,000 step back and say, I just went on YouTube's ' penny experience 7 day Member activity ', don't know such activity agreement ' trap ', is this is the YouTube to promote this activity is intended? That is just a deceptive trap it? "Wang Sheng and some angry.
Pacific lawyer Ma Hongmin, Beijing believes that forcibly opened membership to the user if not for YouTube, but user experience "1 cent 7 day Member" or one month free membership services, their continuous monthly membership service is checked, as long as the user can prove to be selected without their knowledge, then this agreement is null and void agreements.
Ma Hongmin told rule of law weekend reporter, contract method 39th article, and elimination method 26th article are on provides contract format terms party should do of clear tips obligations for has provides; also, for network service field of format terms, national business General in network trading platform contract format terms specification guidelines 9th article in the, also on clear tips obligations and tips way for has related provides: network trading platform operators using contract format terms of, should used significantly way drew attention to the contract relative people note with has major interest relationship, and Which may affect the price or cost of their rights, time of performance and modes, security considerations and risk warning, after-sales service, civil liability, and so on.
"Like, consumers in and insurance company or Bank signed contract Shi, some important of terms is to added black added rough of, staff also may will in front of consumers of surface read a again, or let consumers copy a again; and in excellent cool members of follow-up opened and the continued fee problem Shang, if large user at are didn't note to, after is long only found buckle fee, so can finds excellent cool not do clear tips obligations, belongs to deliberately of behavior. "Ma Hongmin weekend reporter tells rule of law, in this case, users have the right to require the youku return membership fee.
In fact, as early as last September, rule of law, weekend reporter received complaints from a large number of users, YouTube has been "7 day Member activity 1 Yuan to experience" renewals in traps was reported, but until now, YouTube member activities will be found by the user of the problem in Groove.
A number of "by" open user members represent, want to unsubscribe renewals of services is very difficult, not only requires tedious steps to fill in your personal information and other options.
Reporters favorably cool customer service department confirmed that opened a continuous monthly member service, simply check the PayPal-pay options, but to turn off the service, you must first complete youku wallets individual data and information before it can be closed.
Ma Hongmin said even if there are a large number of users have found problems, but specific to individual, smaller losses, coupled with the costs too high, resulting in many problems disappear; as a company, youku is the cost is negligible, "even if there are individual user sued YouTube seriously, and won, YouTube paid the price is very small."
Reporters found, not just YouTube, many video sites of similar practices by users channel, content is concerned does not inform the user opening the Member, cancel renewals, subsequent charges trap difficulties.
"No punitive measures for enterprises and the law provides that after losses in consumer rights, even if successful, law firms, are filling the compensation amount is very small, it may not be enough to cover the costs of consumers. "Ma Hongmin, told reporters that in foreign countries, business costs are high, will the Court convicted a number of malicious company punitive damages are often huge, dynamic foot, strong awareness of consumer rights, enterprises will also restrain their behavior at all times.
优酷“一分钱体验7天会员”遭吐槽：或涉嫌强制交易 - 优酷,会员 - IT资讯
如果相关用户能证明开通优酷会员的并非本人，而是优酷所为，在这种情况下，第一，利用掌握的信息强制为用户开通会员，优酷或涉嫌私自窃取个人信息；第二，在用户不知情的情况下扣钱，涉嫌故意侵犯消费者的财产权
“到现在我也不知道，我的优酷会员是怎么开通的？”提起自己的遭遇，福建地区的王胜(化名)在电话那头有些无奈。
今年5月4日，王胜突然发现其支付宝在当天被扣掉了15元钱，账单详情显示：这笔交易购买的是优酷包月黄金会员，但王胜却说自己根本没有购买会员资格；登录自己的账号后也发现，他并未开通会员服务。
法治周末记者在调查中发现，王胜并非是惟一有此经历的人。多位法律人士表示，若用户能证明其会员服务非本人所开通，那么优酷则负有不可推卸的责任。
不是会员却被扣了会员费
“我总共有3个优酷账号，挨个登录了一遍，都不是会员；到底谁给我开通了优酷会员？钱又扣到哪里去了啊？”回想起5月份的情形，王胜依然有点懵，而更麻烦的是，他根本没办法去关掉这个续费的设置。
王胜告诉法治周末记者，自己在去年曾参加过优酷的“1分钱体验7天会员”的活动，但活动到期后并未再购买会员服务，其他时间也从未购买过会员服务，“时隔这么长时间，怎么突然就成为会员了呢？”
王胜希望优酷能退款，并解释清楚这个问题。经过一番沟通，优酷的客服帮他取消了续费的设置，而王胜原本设想中的退款和解释，最终也没有出现。
记者注意到，早在2014年，就有用户在聚投诉平台反映过类似的问题。吉林省的徐正(化名)就是其中一个，他于2014年体验过优酷“1分钱体验会员”的活动，之后未开通过会员服务，但是其支付宝却在2014年三四月分别扣了15元的会员费。
更让徐正无语的是，扣费期间，其惟一的优酷账号显示未开通会员服务。“我连会员都不是，扣的哪门子会员费用？而且每个月都扣，这种行为和抢劫有区别吗？”徐正在网上愤怒地质疑。
不仅如此，21聚投诉、新浪微博等多个网站上也有大量网友表示，不知道什么时候，自己的优酷会员就开通了，并且连续扣费多个月之后才发现。
微博网友“汝心茹是”称，除了今年春节前后优酷送的1个月会员服务，自己从来没有办理过优酷的会员，但今年3月，她却发现支付宝自动扣款购买了“连续包月会员”服务，“难道这个是自动默认选择的？连续自动扣费？”她非常不解。
体验活动惹的麻烦
法治周末记者拨打了优酷客服电话，向其了解王胜等人的情况。客服查询后表示，王胜的支付宝扣费是因为其在参加“1分钱体验7天会员活动”时，勾选了“自动续费并同意自动续费服务协议”，所以就有了后续的自动扣费。
公开资料显示，去年6月至7月，优酷推出了“1分钱体验7天会员活动”，活动规则第3条、第4条规定分别为：“1分钱体验会员将尊享连续包月会员特权，自动加入连续包月计划”“体验服务7天，到期前24小时系统将主动从您的支付宝或微信账户中扣款15元，自动开通连续包月服务，续费成功延长一个月有效期”。
按照规定，王胜、徐正等人的账户应当在体验活动结束前就扣费，但实际情况却是体验活动结束了几个月后才开始扣费的。
对此，客服解释：如果用户的支付宝中余额不足的话，当月就不会扣费，也不会开通会员服务；直到用户的支付宝中余额充足，才会扣费并开通会员服务。
但为何钱被扣了、仍然不是会员？客服人员坚称不会出现这种情况，并表示扣款后，账号一定是会员，“可能是用户的账号弄错了，或者是用户的会员费到期了，账号就不是会员了”。
法治周末记者联系了优酷的公关负责人，对方表示，出现扣费后会员并未开通的情况，有可能是用户参与活动时，是通过手机号认证的，系统给这个手机号自动注册了一个ID，自动续费开通的也是这个ID，而非用户其他常用的ID。
一位互联网技术人士告诉法治周末记者，用户的优酷账户在不知情的情况下被开通会员，可能有几种情况，第一就是用户此前开通过或体验过优酷的会员，并且在不知情的情况下勾选了连续包月服务；第二种就是个人信息遭泄露，被不法分子利用；第三种则是优酷利用掌握的用户信息，强行为用户开通了会员服务。
或涉嫌强制交易
中国政法大学民商经济法学院教授吴景明告诉法治周末记者，目前，多个互联网平台都推行了会员制，自己的某社交账号也曾遇到过突然变会员的情况。
“现在的会员制大体可以分为两种，一种是付费的，一种是免费的。”吴景明称，无论是哪种形式的会员，用户加入不加入会员，都应该依据自愿原则，“即使是免费的会员制，在不经用户的同意下强行令其成为会员，也侵害了用户的知情权；更何况是付费会员，其中还涉及到财产等问题，若网站在用户不知情的情况下‘令’其成为会员，网站的这种行为可以认定是强制交易。”
新消法第8条规定，消费者享有知悉其购买、使用的商品或者接受的服务的真实情况的权利；其第16条规定，经营者向消费者提供商品或者服务，应当恪守社会公德，诚信经营，保障消费者的合法权益；不得设定不公平、不合理的交易条件，不得强制交易。
吴景明认为，如果相关用户能证明开通优酷会员的并非本人，而是优酷所为，在这种情况下，优酷或违反多条法律规定。
“第一，利用掌握的信息强制为用户开通会员，优酷或涉嫌私自窃取个人信息；第二，在用户不知情的情况下扣钱，涉嫌故意侵犯消费者的财产权。”
吴景明认为，如果用户能证明不是自己开通的会员，那么网站应该解除其会员资格、并返还款项，该款项中不仅包括扣除的会员费用，还应包括会员为解决该问题所付出的通信费用、甚至被扣除的会员费用产生的利息等。
用户不知情而签署的协议为无效
“退一万步说，我只是参加了优酷的‘一分钱体验7天会员活动’，并不知道活动协议里还有这样的‘陷阱’，难道这才是优酷推广这个活动的用意？那不就是个坑人的圈套吗？”王胜有些愤愤不平。
北京太古律师事务所律师马红民认为，如果不是优酷强行为用户开通了会员，而是用户在体验“1分钱7天会员”或者免费赠送的一个月会员服务时，自己勾选了连续包月会员服务，只要用户能证明是在不知情的情况下选择的，那么这种协议是无效的协议。
马红民告诉法治周末记者，合同法第39条、消法第26条都对提供合同格式条款一方应尽的明确提示义务作了规定；此外，针对网络服务领域的格式条款，国家工商总局在《网络交易平台合同格式条款规范指引》第9条中，也对明确提示义务和提示方式作了相关规定：网络交易平台经营者使用合同格式条款的，应当采用显著方式提请合同相对人注意与其有重大利害关系、对其权利可能造成影响的价款或者费用、履行期限和方式、安全注意事项和风险警示、售后服务、民事责任等内容。
“比如说，消费者在和保险公司或者银行签订合同时，一些重要的条款是要加黑加粗的，工作人员还可能会当着消费者的面念一遍，或者让消费者抄写一遍；而在优酷会员的后续开通及续费问题上，如果大量用户当时都没注意到，事后很久才发现扣费，那么可以认定优酷未尽到明确提示义务，属于刻意的行为。”马红民告诉法治周末记者，在这种情况下，用户有权要求优酷返还会员费。
其实，早在去年9月，法治周末记者因接到大量用户投诉，就已经对优酷“1元钱体验7天会员活动”中的续费陷阱进行了报道，但时至今日，优酷会员活动中的各项问题依然还在被用户吐槽。
多位“被”开通会员的用户均表示，想要退订续费的服务是非常困难的，不仅需要繁琐的步骤，还要填写自己的个人信息等选项。
记者从优酷客服处证实，开通会员连续包月服务，只需勾选支付宝一键支付的选项，但若要关闭该项服务，则必须先完善优酷钱包的个人资料及信息，然后才可以关闭。
马红民表示，即使有大量用户发现了问题，但具体到个人，损失数额较小，再加上维权成本又太高，导致很多问题都不了了之；作为企业，优酷本身付出的成本可以忽略不计，“就算有个别较真的用户起诉了优酷，并且胜诉，优酷为此付出的代价也是非常小的”。
记者查询发现，不仅仅是优酷，多家视频网站的类似做法都被用户吐槽过，涉及的具体内容多是不告知用户就开通了会员、后续扣费陷阱、取消续费困难等。
“法律对于企业没有惩罚性的措施和规定，消费者权益受到损失后去维权，即使胜诉，法律判定企业作出的，都是填补性的补偿，数额非常小，可能还不足以涵盖消费者的维权成本。”马红民告诉记者，在国外，企业违法成本很高，法院会判定一些恶意企业惩罚性的赔偿，常常是数额巨大，使得消费者维权动力足、维权意识强，企业也会由此时刻约束自己的行为。