警惕宠物行业“免费领养” 三方面乱象侵害消费者权益

Core Viewpoint - The rise of "free adoption" and "0 yuan adoption" marketing strategies in the pet industry has led to consumer rights violations, necessitating stronger governance and regulation [1][2]. Group 1: Issues with "Free Adoption" - The "free adoption" model often involves bundled consumption projects where prices exceed market rates, leading to significant consumer exploitation [1][2]. - In a case from Jiangxi, a consumer was required to purchase pet supplies worth 7200 yuan, while similar products were available for under 85 yuan on other platforms, highlighting the disparity in pricing [1]. - Some businesses use "free adoption" as a lure for high fees, often leading to scams where consumers pay for hidden costs like transportation and registration, only to find the businesses disappear [2]. Group 2: Hidden Obligations in Adoption Agreements - Adoption agreements may contain hidden installment obligations, effectively placing consumers in a "debt" situation upon adoption [3][4]. - A case in Beijing revealed that a consumer had to pay a 20,000 yuan deposit and commit to ongoing purchases from the company, with ownership of the pet remaining with the company [3]. - The model often obscures the true costs and obligations, leading to consumers being misled about the nature of the adoption [4]. Group 3: Legal Classification Challenges - The legal classification of "free adoption" contracts is complex, with courts differing on whether they constitute sales or conditional gifts [4]. - In a case from Sichuan, a court ruled that the contract was essentially a sales agreement disguised as a gift, leading to a breach of contract ruling against the consumer [4]. - The ambiguity in legal definitions complicates consumer rights enforcement and judicial outcomes [4]. Group 4: Recommendations for Improvement - There is a need for enhanced market regulation and oversight to address the issues within the pet economy, including the establishment of industry standards and stricter enforcement against deceptive practices [5]. - Courts are encouraged to unify judicial standards and provide clear guidelines on the nature of "free adoption" contracts to aid in consistent legal interpretations [5]. - Consumers are advised to increase their legal awareness and scrutinize contract terms to avoid falling into traps set by unscrupulous businesses [5].