"Specially trick the elderly." In Fuzhou, Mr. Huang sued a communications company and actually developed new users in the name of giving eggs and phone bills. The court ruled to compensate for mental losses of 5,000 yuan.

"Specially trick the elderly". Fuzhou , Mr. Huang sued a communications company and actually developed new users in the name of giving eggs and phone bills. The court ruled: compensation for mental losses of 5,000 yuan.

(Case source: Yihuang County Court of Jiangxi Province)

[@French Life]

67-year-old teacher Huang went to the court to say that a communications company in the county infringed on his personal information, so he sued all the provincial, municipal and county companies of the mobile communications company.

Teacher Huang admitted that he was greedy for small gains at that time. When he saw the county company doing activities, he gave 6 eggs to the on-site staff to verify his phone. Unexpectedly, since then, his original mobile phone number often could not be called or received the phone number.

, who has no knowledge of modern communications, does not understand it. He went to the business hall to find out that there was a number under his name, which was owed 15.16 yuan. Therefore, his name was blacklisted, causing his original number to be shut down frequently.

Teacher Huang also said that he was deceived once five years ago. The staff at that time said that any mobile user could get 10 yuan in phone bills. He also handed over the phone to the other party, but the result was that he failed to receive the call, and he did not receive a private teacher subsidy of 8,000 yuan.

Teacher Huang is nearly 70 years old. His wife is sick and has a meager income. He always wants to participate in such activities in the county. After all, one more egg is one. Besides, the activities are all units with the national name, and it can still be lie. Teacher Huang, who is not very good at using smart phones in
, did not expect that he became a prey and every time he got a new number for himself, but he was unaware of it. Teacher Huang believed that his identity information was stolen by the company and was terrified to think about it carefully.

Teacher Huang’s appeal is to ask the other party to compensate 700 yuan for printing fees, 633 yuan for transportation fees, 150,000 yuan for loss of work, 10,000 yuan for consultation attorney fees, 8,000 yuan for subsidy losses for private teachers, 8,142 yuan for medical expenses, 28,000 yuan for mental damage compensation for , and apologize in provincial media.

Generally speaking, because the other party has complete procedures and complete records, it is difficult for individual prosecution to succeed in this case. This is true for this case. The communications company argued that all the procedures for entering the network have been approved by Teacher Huang and real-name authentication, and all the obligation to remind people for incoming and outgoing calls are fulfilled.

The elderly did not admit it afterwards because they were greedy for small gains. They were making trouble and there was no factual basis for prosecution of communications companies. The company did not have any infringement and asked the court to dismiss Mr. Huang's lawsuit.

Court learned that Teacher Huang did work as a private teacher. A few years ago, because he could not receive the call, he did not receive the 8,000 yuan subsidy from the county, which was a big blow to him.

Many people who are familiar with him think that Huang has a mental problem. He often blames himself and regrets him. He always tells everyone that if there is that subsidy, he can borrow less mobile phone fees raised by his wife without having to bear the extra interest.

The court understood that Teacher Huang was used. In order to develop new users, the county company focused on the elderly, took advantage of the elderly's psychology, and then took advantage of the elderly's lack of understanding of mobile phone operations, so it took the opportunity to get a new mobile phone number for Teacher Huang.

After reviewing all the evidence in this case, the court found that the Internet access agreement for Teacher Huang’s new number did not have his own signature, and everything was operated through a smartphone, which led to the suspension of use of his original number.

The court held that the defendant handled the Internet access agreement for Teacher Huang without the plaintiff's signature in person, which caused the original mobile communication number to be shut down, and his behavior constituted infringement. However, once 5 years ago, the court did not recognize this because there was no evidence to prove it. The court decided not to support Teacher Huang’s claim for compensation of 8,000 yuan. Printing fees, lawyer fees, loss of work fees, etc. have no basis for the court. The court also did not support it. Teacher Huang’s wife’s 8,142 yuan medical expenses have nothing to do with this case and are not supported.

However, the court believes that if others violate the privacy or other personal rights and interests, the court may order apologies and compensate for the corresponding mental damage compensation. Therefore, the court shall, at its discretion, make a mental damage compensation of 5,000 yuan and publicly apologize in the media in this county.What happened to Mr. Huang in

often happens on the streets of some county towns. They use the excuse of giving small gifts and free mobile phone cards to induce the elderly to take photos and verify. Some communication companies admit that this is the number section of their outsourcing company in the promotion contract.

Source: French Open Life

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