Mr. Shi: The family income is difficult, and it is difficult to bear a large amount of recharge for the game.
In March of this year, Mr. Shi reported the recharge of minors to Tencent. Due to the wrong account number and incomplete information, Tencent did not conduct further verification. In April, Mr. Shi provided Tencent with correct account information and complete information. After verification, Tencent said that it was impossible to judge that the recharge was done by minors.
According to the recharge data provided by Tencent, Mr. Shi's game account is on March 1 recharge 17, March 2 at 30, April 22 at 2 and April 23 at 22. Tencent proposed that after verification, it was found that Mr. Shi's game account had been authenticated by real name, and the real name authentication information was an adult. There are three face recognition authentication records in the process (paying face twice and hitting face 1 time).
In this regard, Teacher Shi said that the micro signal associated with the game is his own. At first, he registered an account to play with his cousin. The specific authentication process has been forgotten. Face recognition is also required by my cousin during the competition. "The child said that he can't play, and he needs face recognition to play. I will recognize it."
According to Mr. Shi, his cousin has a history of epilepsy. Because she often needs to use her mobile phone to appease her cousin, she also entered her fingerprint into the boot fingerprint. In the process of recharging the game, Mr. Shi thought that his cousin knew the payment password and changed it. Later, he found out that his cousin paid with his fingerprint.
"On April 23rd, she played with my mobile phone again. I was really worried, so I paid more attention to it, and later I learned that she could pay by fingerprint. " Mr. Shi said that after he found that he could pay by fingerprint, he stopped giving his mobile phone to his cousin. However, he usually needs to enter a password to buy online and take out food. Fingerprint payment has never been used. I don't know if it is open by default.
Mr. Shi admits that he does bear certain responsibilities, but because his income is not high at ordinary times, his mother is disabled, and the reason for borrowing his mobile phone is to appease his sick cousin. Therefore, he hopes to apply for a refund. "My salary is not high, my mother is disabled, and my family income is difficult. It is really unacceptable to recharge the game with such a large amount. "
Tencent:
There are many questions about consumer behavior, and minors say they don't play games.
Tencent said that a relatively complete feedback channel and acceptance process have been established for complaints about suspected minor's large consumption. "Generally speaking, after receiving user feedback, we need to make a preliminary verification of user feedback. In this process, users also need to cooperate to provide parents and children's identity certificates, as well as some necessary parent-child relationship and other basic information. After verification and comparison with the background data of the account, and detailed communication with parents and children, a multi-dimensional comprehensive evaluation is carried out. If we judge that the credibility of minors' consumption is high, we will handle it properly. "
In this complaint, Mr. Shi, the consumer, failed to provide valid evidence to prove that Tencent verified the reasons why it did not conform to the juvenile's game behavior.
Tencent pointed out that there are many doubts in this complaint. Among them, Teacher Shi's game account information shows that the game account level reaches 65, and the segment reaches "Super Ace 1 1 star", which is basically the highest segment, and has reached the ace segment in 1 1 season. Tencent said: "The game level of this account is extremely high. When the user feedback is suspected of minor consumption, the minor has not yet reached the primary school age, which is inconsistent with the game behavior. "
In this regard, Mr. Shi said that he did not play this game, and hinted that his nephew would also use this account to play games. "Maybe he played."
At present, the two sides are still unable to reach an agreement on whether the game recharge behavior belongs to the behavior of minors.
Lawyer's opinion:
There is legal support for parents to apply for a refund, and success depends on various facts.
Searching on the black cat complaint platform with the keyword "minors' game recharge" can retrieve more than 5000 complaints. It can be seen that it is not uncommon for minors to recharge the game without authorization. How to identify the dispute of minors' game recharge consumption in law?
According to the Notice on Preventing Minors from Indulging in Online Games, it is required to implement the real-name registration system of online game user accounts, and it is stipulated that online game enterprises shall not provide game payment services for users under the age of 8. In Mr. Shi's complaint, the game account was his own account, but he claimed that the recharge was made by his 6-year-old cousin. If the certifier is inconsistent with the actual operator, there is a problem that needs to be proved.
Mao Peng, a lawyer of Guangdong Shengdian Law Firm, believes that the parents' application for refund has legal support, but whether the refund is successful still depends on various facts. Mao Peng said that according to the law, minors use their parents' accounts to recharge online games, especially those involving a large amount of money, which is obviously beyond their normal age and intellectual judgment, and the related recharge behavior should be deemed invalid. But is it wrong for parents to get support for the refund application? Whether the enterprise has fulfilled its due obligations is a situation that needs to be considered.
Parents' guardianship responsibility for minors is a legal obligation, with no legal exception. Therefore, whether children play online games with their parents' cooperation and recharge, or bypass their parents to play online games and recharge, they may eventually conclude that their parents are at fault. However, whether parents set passwords for their payment accounts and find out that the payment accounts are abnormal in time may have a certain impact on determining the degree and proportion of their parents' fault.
Lawyer Mao Peng pointed out that there are several key factors in the judicial proof of such incidents: the actual recharge is minors, and the recharge is without the consent of parents; Relevant actions or measures taken by game companies, such as identification or prevention, have great influence on the final result determination.