Restrictive clauses in unlimited packages are alleged to be typical "misleading Omissions".


Restrictive clauses in unlimited packages are alleged to be typical

Original title: operators' "unlimited package" hiding restrictive provisions is a typical "misleading omission".

Source: Shenzhen consumer committee

Since 2017, the three major operators have launched a series of "unlimited flow packages", and the main players are "unlimited" gimmicks. However, "unlimited traffic volume" is not a "limit" in real sense, but a "speed limit". Operators are widely regarded as the selling point, but seriously weakening the important trading information of "speed limit", which is a "misleading omission". The twentieth article of the law on the protection of consumer rights and interests of the People's Republic of China stipulates that "the operator provides the consumer with information on the quality, performance, use and time limit of the goods or services to the consumer, which should be true and comprehensive, and shall not be false or misleading." The regulations on the commodity description of Hongkong also stipulates that when the operators are providing goods or services, they omit important information, hide important information, and provide "misleading omission" in an ambiguous, incomprehensible, ambiguous or untimely manner. This act is a criminal act in Hongkong, although there is no criminal penalty in our country at present, but this kind of bad marketing technique has seriously infringed the right to know the consumer. The right to know is the basis and premise for consumers to exercise their own right to choose. The right to know and the right to choose have not been implemented.

Recently, the Shenzhen Municipal Council has received several complaints about the speed limit of the three operators. Mr. Wang complained to the Shenzhen Council that he handled the China Mobile unlimited flow package (188 yuan / month), and Mr. Wang discovered that when the flow exceeded 20GB, the net speed was very slow, so he wanted to change to the previous traffic package (30GB/ month) and was told that it could not be changed. Ms. Li complained to the Shenzhen Consumer Council that she had bought the unlimited package of China Unicom (99 yuan / month). Mr Cheung bought the China Telecom unlimited package (90 yuan / month). He found that the telecom limit traffic began in early May, resulting in no use.

Shenzhen municipal committee survey found that the "unlimited package" of the three major operators have restrictive terms, and in the big picture of the front page of the official website, there is no mention of the restrictions on the speed limit after the flow of traffic, or the use of very small words in the details of the tariff, which is easily ignored. For example, on the China Mobile "138 yuan unlimited 4G flying enjoy package" page, the details of tariff details are marked with an eye - catching green bottom red three large font "unlimited flow in the province," and the black five font set below the web page shows fifth, sixth shows that the province's internal flow of 20GB, will reduce the speed of the net in the province. After the total domestic traffic volume reaches 100GB, the domestic Internet speed will drop below 128Kbps. China Unicom's 199 yuan ice cream package, the user's domestic flow of 40GB after the month, the Internet rate will be reduced to the highest 7.2Mbps, the total flow rate of more than 100GB, the Internet access rate may be less than 256Kbps. China Telecom 99 yuan unlimited package, when the monthly flow of 20GB, the Internet access rate to 1Mbps; 199 yuan unlimited set of packages, when the monthly flow of 40GB, the Internet access rate to 1Mbps.

Unlimited flow packages are good for consumers, but if operators mislead, they will damage consumers' rights and interests. To this end, the Shenzhen Municipal Council requires operators to fulfill the obligations of truthful and comprehensive disclosure of information, respect for the right to know, choice and fair trading rights of consumers, and to eliminate the bad business practices similar to misleading omissions. The restrictive clauses of the "unlimited flow" should be marked up, and the restrictive conditions of the Tariff Scheme and the matters needing attention for the consumers need to be reminded actively, and the consumers should not be deliberately confused to ensure the consumer's consumption. Shenzhen City Council will continue to supervise the matter.


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