Mobile phone card data traffic turns off the mobile phone all the year round but keeps generating traffic … Recently, Mr. Liu, a consumer in Harbin, Heilongjiang Province, told reporters
Reflects what happened to him.
There was no internet access at all, and the traffic fee was deducted, and the "peace of mind package" service was automatically opened.
Mr. Liu said that he uses a Huawei dual-card dual-standby mobile phone, and the main card is China Unicom. The package includes 2,000 minutes of calls per month and unlimited Internet traffic. Another China mobile card is bound to its own broadband and other application accounts, so it only has the minimum package for 9 yuan/month (including 40 minutes of calls and 30 short messages, and the Internet is paid separately).
Mr. Liu said that the call duration in the mobile card package was only used occasionally. In order to avoid generating Internet traffic, the data traffic and intelligent conversion function of the card were also turned off.
However, on April 6th, Mr. Liu received a short message from China Mobile, prompting that 9.35MB of traffic was generated.
But what puzzles Mr. Liu is that the SMS also prompts: "The" peace of mind package "service has been automatically provided for you outside the package".
▲ You have been automatically provided with the "peace of mind package" service outside the package, and the traffic outside the package will be charged at 0.29 yuan/MB first. When the fee reaches 10 yuan, you can use the traffic to 100MB for free. If it is exceeded again, it will be charged according to the same rules. When you order it for 3 times in 30 yuan, you can use 1GB for free. According to the same rules and so on, until the 200GB cap.
I never use China mobile phone card to surf the Internet, and the data traffic has been turned off. The monitoring data of the mobile phone’s own traffic monitoring system is zero. How did the traffic of 9.35MB come about? Without the user’s consent, why did China Mobile automatically open the "peace of mind package" service?
▲ On April 6th, Mr. Liu’s mobile phone’s own traffic monitoring showed that the data of China Mobile was 0.
To this end, Mr. Liu called China Mobile’s 10086 customer service twice, and the answer was: the recording platform has a traffic consumption record, resulting in a traffic fee of 7.97 yuan.
Mobile customer service staff: "This is how the system is displayed, and users will not record it if they don’t use it. As for the traffic monitoring system of mobile phones, it belongs to third-party software, and its monitoring results cannot explain the problem. "
"If the user’s perception is not good, the fee can be refunded."
There are various charging standards, but there is no clear explanation to consumers.
Mr. Liu said it was unacceptable, and thought that the calculation results of Huawei mobile phone traffic monitoring system and China mobile traffic system were too different. In addition, the 9.35MB traffic is calculated at 0.29 yuan /MB, which should be 2.71 yuan. How is 7.97 yuan calculated?
With these doubts, Mr. Liu looked at the previous mobile SMS and consumption details and found that since December 2018 (when 1.44MB of traffic was generated and the charge was 0.42 yuan), he has received SMS notifications that generated traffic one after another, and the consumption bills also have deduction records, and the charging standards are different.
Mr. Liu told reporters that he hardly reads short messages. Recently, he discovered that China Mobile has been deducting traffic charges because he wanted to check the school’s short message notice.
The reporter saw from the short message information, bill of charges and detailed list of surfing the Internet provided by Mr. Liu: From July to October in 2019 and from May to December in 2020, there were short message notices from China Mobile at the beginning of each month, showing that the traffic ranged from 0.01 to 0.03MB, and they were charged 0.01 yuan and 0.02 yuan respectively in that month, with a maximum of 1.05 yuan a month.
In 2021, several times, although SMS notifications generated 0.01MB of traffic, there was no charge; In November, there was no traffic notice, but a traffic fee of 1.50 yuan was charged. As can be seen from the detailed online list of this month:
From November 18th to November 30th, I used "Anxin Bao" to surf the Internet for 44 times, and the traffic was calculated in KB. In that month, the "Anxin Bao" traffic generated charging records for 7 times, with a total charge of 1.50 yuan. Among them, the traffic is 4107KB at most once, and the charge is 1.16 yuan; Generate 0.05KB traffic at least once and charge 0.01 yuan.
The standards for charging seven times are also varied:
According to 1MB=1024KB and 0.29 yuan /MB, 0.05KB can’t get 0.01 yuan.
The traffic generated by other 30 times of surfing the Internet exceeds 0.05KB, but there is no charge;
1280.28KB charges 0.07 yuan, while 443.96KB charges 0.12 yuan.
▲ There are different charging standards. Information picture
Mr. Liu told the reporter that at 13: 03 on April 6, he received a text message indicating that he had used a total of 9.35MB of traffic, while the online details showed that the traffic was 29023KB (28.34MB) and the charge was 7.97 yuan. The statistics of China Mobile’s external traffic on that day were 27.59MB. These inconsistent statistics make Mr. Liu very puzzled, but the online records of the day showed that he had accessed the Internet five times that day, and no relevant data of 9.35MB was found.
▲ At 13: 02: 59 on April 6, 29023KB (converted to 28.34MB) was generated, and there was no 9.35MB on the bill of China Mobile that day. Information picture
▲ The statistics of China Mobile’s external traffic on that day are 27.59MB. Information picture
The reporter also found through the detailed list of Internet access provided by Mr. Liu that on April 11th, the Internet generated 9.86KB of traffic and charged 0.01 yuan, while on April 6th, the Internet generated 20.20KB of traffic without charge.
Mr. Liu believes that China Mobile should provide relevant evidence and explain its traffic statistics and inconsistent charging standards. But more than ten days passed, and China Mobile did not give a clear explanation.
China Mobile replied that there was no problem with the billing system. Huawei said that if the network was needed, it would use a calling card with traffic.
The reporter’s online inquiry found that many consumers have reported that they have already closed their mobile data, and they will still receive SMS messages with excessive traffic. Some consumers even ask China Mobile to turn off the traffic from the background, but it still generates traffic, which costs as much as one or two yuan and as little as a few cents a month.
On April 11th, the reporter called China Mobile’s 10086 customer service to inquire about Mr. Liu’s complaint. On April 16th, China Mobile staff conveyed the conclusion of the background inquiry department:
The mobile phone’s own monitoring system is not used as the basis for traffic charging;
There is nothing wrong with the charging system of the mobile company. The background is charged according to the detailed bill. This charging is passive, and the online behavior is actively sent by the mobile phone. Only when the user terminal uses the traffic can the traffic bill be generated.
Only 6 months of data are kept, and the previous data cannot be queried;
Can do refund processing for users.
In response to the question of why the data traffic of the mobile phone is turned off, the staff member added that the user turned off the data switch on the mobile phone, and the GPS function of the mobile phone has been running. Some background running software of the smart phone will take some traffic if it is not completely turned off.
In response to China Mobile’s explanation, Mr. Liu said that he could not understand: If the mobile phone traffic data is turned off, what software can turn on to generate traffic?
Is there something wrong with Huawei’s mobile phone, or does the mobile company automatically open the "peace of mind package" service for users without authorization to generate so-called software traffic?
0.05KB is 50 bytes. What software can generate such a small amount of traffic? Does the software shut down immediately after triggering traffic? "
To this end, Mr. Liu consulted Huawei’s customer service and got the answer:
Even if there is an error between Huawei’s mobile phone and China Mobile’s calculation method, it is impossible to generate more than 20 MB of traffic at a time on April 6 without monitoring it.
As long as mobile phone users take the initiative to surf the Internet, mobile phone housekeeper traffic monitoring will be recorded, even if it is less than 1KB, and the traffic generated by any software can be found.
If the internet access function and intelligent conversion of the secondary card of the mobile phone are turned off, even if there is software that needs the internet, the traffic of another card that can access the internet will be selected. Turning off the mobile phone card online will also generate traffic, which is theoretically unreasonable.
The operator’s 4G network will send special traffic packets to the secondary card from time to time. Although the mobile data is not turned on by the mobile phone, it will still lead to small traffic consumption of the secondary card, and the mobile phone has no monitoring record.
Some operators need to carry traffic to transmit information to users, such as sending multimedia messages to a user, and the resulting traffic cannot be counted on the users who receive multimedia messages, so there should be no charge.
Expert opinion: China Mobile has no right to charge for not providing services.
Lawyer Li Bin of Beijing Zhongshengsheng Law Firm believes that from the package setting of Mr. Liu’s two cards, and the way of turning off the data traffic of China Mobile’s mobile phone card on the mobile phone side, it is clear that Mr. Liu does not use the data traffic of China Mobile. As a service provider, China Mobile should provide users with fees corresponding to its services, and ensure that the services it provides are fair in consideration of the fees it charges. China Mobile has no right to charge fees for services it has not provided, or to charge customers for traffic used by third parties.
Consumers have the right to know. When consumers question the data flow, measurement and pricing methods generated outside the package, China Mobile, as the leading party with technical capabilities, has the obligation to provide evidence, that is, it has the obligation to make a reasonable, popular and non-contradictory explanation on its own initiative.
Mr. Liu, the consumer, provided that the traffic monitoring data of Huawei, the mobile phone terminal, was zero in April, which is enough to prove that the traffic generated outside the package was passively generated. In this case, China Mobile should make use of its technical means and capabilities to monitor and inquire about the subjects of these traffic and claim rights from these subjects.
At present, China Mobile’s rhetoric has not provided evidence or reasons that consumers can identify and deny. China Mobile’s legal evidence is obviously insufficient to prove that the fees it charges consumers are well-founded. In this case, it is suspected of civil fraud, and it is suspected of bullying consumers’ right to know and property by means of technical barriers. Consumers can claim punitive damages such as triple compensation from them according to law.