(a) fraudulent sales of health care products to the elderly by means of conference marketing, which seriously infringes on the rights and interests of the elderly and seriously affects the healthy development of the elderly consumer market. Judicial organs should adhere to the combination of special governance and systematic governance, governance according to law, comprehensive governance and source governance, and crack down on illegal and criminal acts of fraudulently selling health care products to the elderly according to law.
(two) the provincial people's government market supervision and management, health, radio and television and public security departments, to strengthen joint law enforcement, organize and carry out special rectification actions for the elderly in the field of health care products consumption. Severely investigate and deal with illegal acts of fraudulently selling health care products to the elderly in the form of conference marketing, centralized lectures, health lectures, expert free clinics, free inspections, free experiences, rewarding free or low-cost travel, telemarketing, door-to-door sales, and online sales.
(3) In the course of performing their duties, the people's procuratorate may bring a civil public interest lawsuit to the people's court if it finds that the field of health food consumption for the elderly infringes on the rights and interests of many consumers, and there is no qualified subject or the qualified subject does not bring a lawsuit.
When performing their duties, the people's procuratorate finds that the administrative organ responsible for the supervision and management of the consumption of health food for the elderly illegally exercises its functions and powers or does not act, which infringes on the interests of the state or society, it shall put forward procuratorial suggestions to the administrative organ and urge it to perform its duties according to law. If the administrative organ fails to perform its duties according to law, the people's procuratorate shall bring a lawsuit to the people's court according to law.
(four) to encourage community workers, consumers, industry practitioners and the public to actively report the clues of illegal acts of fraudulently selling health care products to the elderly and provide evidence of illegal acts. If the content of the report is true, different standards shall be given according to the degree of social harm of the reported illegal act. Bonuses are paid by the finance, and specific incentives are formulated by the provincial people's government.
(5) Older people over the age of 60 have the right to return health care products purchased through conference marketing, centralized lectures, health lectures, expert free clinics, free inspections, free experiences, free or low-cost tours, telemarketing, door-to-door sales, online sales, etc. within seven days without any reason.
The returned goods should be intact. Consumers need to open the packaging of goods on the basis of inspection, or make reasonable debugging to confirm the quality and function of goods, which will not affect the integrity of goods.
(6) Where a health care product operator uses a temporary venue to carry out centralized experience, publicity and sales activities, the venue provider shall check the name, address and effective contact information of the operator, and provide the above-mentioned true information to consumers who inquire about the operator.
(7) People's governments at all levels, consumer rights protection organizations and news media should extensively carry out publicity and education activities for caring for the elderly with the main content of knowing and preventing fraud, and enhance the awareness and ability of the elderly to resist criminals' fraudulent sales by means of "health cards, family cards and gift brands". It is necessary to timely follow up and report the work trends and typical cases of special rectification actions, guide the elderly to keep in good health scientifically, enthusiastically provide health consultation services and consumer legal help, do a good job in consumer rights protection services for the elderly, actively safeguard their health demands and consumer rights, and create a safe and secure consumption environment for the elderly. Second, strengthen supervision and management in the field of prepaid card consumption.
(8) The people's governments at the provincial level should strengthen their leadership in the supervision and management of prepaid card consumption, adopt measures such as information sharing and classified supervision, clarify the supervision and management departments of prepaid card consumption, establish and improve the long-term supervision and service mechanism of prepaid card consumption, and coordinate and urge relevant departments to do a good job in the supervision, management and service of prepaid card consumption.
The people's governments at the provincial level should, in accordance with the requirements of the Guiding Opinions of the Provincial Party Committee on Building a Digital Longjiang, learn from the experience of other provinces, gradually build a unified collaborative supervision service platform for prepaid card consumption, collect information on the issuance, redemption and prepayment of prepaid cards by operators, establish an early warning system for the risk of prepaid fund balance, classify and supervise operators through the collaborative supervision service platform, and publicize it to consumers to warn of consumption risks.
(9) A business operator may not issue prepaid cards until six months after the date of establishment registration. Prepaid cards include physical prepaid cards such as magnetic stripe cards, chip cards and paper coupons, or virtual prepaid cards with passwords, serial numbers, graphics, biometric information and electronic data as carriers.
The amount of single registered prepaid cards provided by enterprise legal persons and branches shall not exceed 5,000 yuan, and the amount of single unregistered prepaid cards shall not exceed 1000 yuan; The amount of registered prepaid cards provided by other operators to the same consumer shall not exceed 2,000 yuan, and the amount of unregistered prepaid cards on a single sheet shall not exceed that of 500 yuan. However, unless the advance payment is deposited in a third-party payment platform, it will be paid according to the instructions of the consumer. If the prepaid card exceeds the maximum limit, the consumer has the right to request the refund of the part exceeding the limit, and the operator shall not reduce or cancel the promised preferential treatment.
Prepaid cards shall be issued at the equivalent amount actually paid by consumers, and shall not be issued at a discount or premium. Card issuers can provide corresponding discounts according to the amount and quantity actually purchased by consumers.
(10) The operator shall publicize or provide the articles of association for the use of prepaid cards to consumers in the business premises and the homepage of the website, and inform them of the main contents of the articles of association. The articles of association for the use of prepaid cards shall include the scope of use of prepaid cards, the use and management methods of funds received in advance, the balance inquiry channels, and the way of returning cards. The provincial prepaid card supervision and management department shall, jointly with the relevant industry authorities, formulate a model text of the prepaid card use charter.
If the consumer requests to sign a written prepaid card use contract, the operator shall sign it with the consumer. Provincial prepaid card supervision and management, market supervision and management departments shall, jointly with relevant industry authorities, formulate a model text of prepaid card use contract.
If the registered prepaid cards, such as annual cards and season cards, do not limit the number of consumption within the set use period, and consumers need to transfer them due to changes in residence, physical health and other reasons, the operators shall allow them and shall not charge fees. If a consumer requests to report the loss of a registered prepaid card, the operator shall not refuse.
After the prepaid card expires, the operator shall refund the balance of the prepaid card or extend the term, and shall not charge any fees.
If the operator fails to provide goods or services as agreed, consumers have the right to demand the refund of the balance of prepaid cards and claim compensation for losses according to law; Operators shall not deduct the discounts that consumers have enjoyed from the balance of prepaid cards.
If an operator suspends business, closes its business or moves its business premises, it shall publish an announcement in the local mainstream media 30 days in advance, and notify the registered card consumers by telephone, SMS, email, etc. Consumers have the right to continue to perform or return the balance of prepaid cards according to the company's articles of association or contract.
If the consumer requests to return the balance of the prepaid card, the operator shall return it within five days from the date when the consumer requests to return it.
(eleven) the operator violates the provisions of items (nine) and (ten) of this resolution, and the prepaid card supervision and management department shall order it to make corrections; If the operator refuses to make corrections, he shall be fined more than 20,000 yuan10,000 yuan.
(12) If an operator commits one of the following acts, it shall be included in the list of subjects with serious dishonesty, and the information of the legal representative, principal responsible person and other directly responsible personnel who are responsible for serious dishonesty shall be marked through the credit information sharing platform:
1. Due to suspension of business, closure of business or relocation of business premises, prepaid card payment and card return have not been properly arranged, and effective contact information has not been provided, so it is impossible to contact.
2. Being subject to administrative punishment for violating the regulations on prepaid card management twice or more within one year.
3. Whoever illegally absorbs public deposits or raises funds for fraud by issuing prepaid cards shall be subject to criminal investigation.
4. Other acts that seriously infringe upon consumers' property rights and interests.
Disciplinary measures against the subject of serious dishonesty shall be prescribed by the provincial people's government in accordance with laws and regulations.