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六问情感咨询机构:是否涉嫌诱导消费?设置霸王条款?
Nan Fang Du Shi Bao· 2025-03-24 08:17
Core Viewpoint - The article investigates the potential issues within emotional consulting agencies, including allegations of misleading advertising, consumer inducement, and unethical practices in service delivery [2][4][7]. Group 1: Industry Practices - Numerous consumers reported experiences of inducement and false promises while seeking emotional consulting services, spending thousands to tens of thousands of yuan without satisfactory results [2][4]. - The agencies involved collected extensive personal information from consumers and their partners, including work units, social media accounts, and property details, raising concerns about ethical practices [2][25]. - Many of the companies lack the necessary qualifications for psychological consulting, with only one out of six identified companies having relevant credentials [3][4]. Group 2: Misleading Advertising - Consumers claimed that agencies implied or promised successful relationship repairs, which may constitute false advertising if not explicitly stated in contracts [8][9]. - Some agencies, like Happiness Youfang, allegedly suggested high success rates for their services, which could mislead consumers into purchasing upgrades [9][12]. Group 3: Consumer Inducement - Agencies reportedly encouraged consumers to frequently upgrade their services, suggesting that failure to do so could hinder their chances of success [13][14]. - Responses from agency representatives indicated that they do not engage in coercive sales tactics, but consumer testimonies suggest otherwise [14][15]. Group 4: Ethical Concerns - The practice of "dual service," where therapists engage both partners without full disclosure, raises ethical questions regarding consent and confidentiality [17][21]. - The "separation of third parties" service offered by some agencies, which involves creating conflict to break up relationships, is viewed as unethical and contrary to professional standards [22][24]. Group 5: Information Collection - Agencies collected extensive personal data, which may violate the principle of minimal necessity in data protection laws, as much of the information gathered was not directly relevant to the services provided [25][26]. - Concerns were raised about the necessity and relevance of the information collected, with suggestions that it exceeded what was required for service delivery [26]. Group 6: Contractual Issues - Many contracts included clauses that favored the agencies, such as requiring consumer consent for contract termination while lacking clear terms regarding the agency's responsibilities [27][28]. - Legal experts indicated that such contractual terms could be deemed invalid due to the imbalance of rights and obligations between the parties involved [30].