In 2021, about 40000 complaints about automobiles and auto parts were accepted, accounting for 3.98% of the total complaints From China Consumer Association

The following is the In 2021, about 40000 complaints about automobiles and auto parts were accepted, accounting for 3.98% of the total complaints From China Consumer Association recommended by recordtrend.com. And this article belongs to the classification: New energy vehicle industry.

The 315 party arrived as scheduled, and the automobile industry has been a regular visitor over the years, but surprisingly, this year, neither fuel vehicles nor new energy vehicles with rapidly rising market penetration and consumer complaints have boarded this year’s 315 party. In fact, at the beginning of this year, the China Consumer Association released the analysis data of complaints accepted by the National Consumer Association in 2021. Last year, the China Consumer Association accepted about 40000 complaints about cars and auto parts, accounting for 3.98% of the total complaints, ranking fourth in the overall complaints of commodities, an increase of 19.28% over the same period last year.

Due to the gradual promotion and continuous increase in the number of new energy vehicles, the China Consumer Association said that in 2021, the number of complaints related to new energy vehicles increased significantly, and showed the characteristics of difficult proof and rights protection.

New pain point: delayed delivery

The epidemic and lack of core are like Pandora who opened the magic box, bringing a series of unexpected troubles to the automotive industry. The most direct feeling for consumers is to see the delivery date of new cars being postponed again and again, and a variety of complaints were born.

Xiaopeng automobile, Tesla, Great Wall Motors, Euler cat, BYD, krypton and other brands have caused collective complaints from consumers due to long-term delay in the delivery of new cars.

Xinzhijia saw from the black cat complaint that recently, the third mass-produced car p5460 of Xiaopeng automobile was widely complained by consumers due to delayed delivery.

Xiaopeng P5 is the third mass production model of Xiaopeng automobile. It was released in April 2021 and officially launched on September 15. The new car has launched six models, of which 460g / 460e is equipped with lithium iron phosphate battery of Ningde era.

However, affected by the epidemic, the automotive industry is facing extreme tension including lithium iron phosphate battery and other major parts, which also brings great uncertainty to the production of Xiaopeng p5460 model, resulting in the failure of 460 model orders to be delivered in time within the scheduled expected delivery cycle.

According to many consumer complaints, when signing the Xiaopeng car purchase agreement in October, most of the sales promised to deliver the new car within 4 to 6 weeks, but many consumers failed to get the new car by the end of December. Even by the end of February, some consumers failed to mention the new car after waiting for nearly 4 months.

In fact, most consumers understand the phenomenon of waiting for a new car due to the epidemic and tight supply of parts. However, the more controversial issue is whether consumers can claim compensation if the car brand fails to deliver the new car within the agreed time. Is this regarded as false publicity by the brand?

In this regard, a lawyer said that if the sales verbally promised that the time for the customer to pick up the car was inconsistent with the delivery time agreed in the contract, there would be a situation of cheating the customer. According to the provisions of China’s civil code and the law on the protection of consumers’ rights and interests, the customer can exercise the right of uneasy protest and require the brand party to perform the contract in time. The unilateral delay of delivery by the brand party is a general breach of contract, Consumers can also require the brand party to bear the liability for breach of contract.

Chronic difficulties: reduced mileage

The endurance problem is like a vulture hovering over new energy vehicles, casting a lasting shadow.

As for the mileage of new energy vehicles, the most heated discussion recently is Weima’s “lock the switch” incident.

In early January this year, 173 car owners sent a joint lawyer letter to Weima. Many car owners reported that after participating in the free inspection activities of Weima cars, they found that the battery life was reduced and the voltage was reduced. They questioned Weima’s private “power lock” and asked Weima to stop false publicity.

The so-called “power reduction” refers to that the vehicle enterprises have redefined the voltage range of the battery by upgrading and rewriting the battery management system, locking the battery power system and chip window of the vehicle, so as to limit the upper charging limit and power consumption of the battery.

This has directly led to the reduction of vehicle mileage. A vehicle with an original range of 400km may have less than 300km after “locking the power”, which has triggered a large number of complaints from car owners.

In this regard, Weima’s response is that the original intention of “power locking” is to prevent the recurrence of auto spontaneous combustion, limit battery overcharge and discharge, and protect battery capacity and cycle life.

However, the private “power locking” behavior of car enterprises may not comply with relevant regulations.

In August 2021, the Ministry of industry and information technology issued the opinions of the Ministry of industry and information technology on strengthening the access management of intelligent networked automobile production enterprises and products, which clearly standardized the software online upgrade behavior of automobile enterprises, indicating that if enterprises produce automobile products with OTA upgrade function, they need to inform vehicle users of the purpose, content, required time, precautions, upgrade results and other information of online upgrade.

In fact, there has long been a precedent for new energy vehicle enterprises to “lock power” without authorization in order to ensure battery safety.

In 2019, Tesla made a “protective upgrade” to some of its older models, that is, reducing the available power, reducing the charging speed and increasing the remaining power displayed on the instrument panel. It is also because of this OTA that Tesla was fined in Norway and compensated 30 car owners 136000 kroner (about 94800 yuan) each.

In 2021, the owners of GAC Toyota ia5 also reported that GAC Toyota artificially reduced the available capacity of power battery through OTA without the consent of the owners, resulting in the reduction of mileage.

In the view of the industry, the technology based on power battery has not yet reached the stage of real maturity, and the phenomenon of “power locking” is likely to continue to appear.

For the power locking measures, relevant personnel in the industry disclosed that more humanized dynamic power locking may be adopted in the future. For example, according to the attenuation degree of the battery, dynamically control the total amount and speed of charging, rather than “one size fits all” power locking.

Urgent publicity: those models that have been reduced

Model reduction is also the “hardest hit area” of automobile consumer complaints in recent years.

In order to stand out in the increasingly competitive market environment, major brands are vigorously upgrading the functional configuration of vehicles. Among them, “high computing power” and “intelligence” have become the focus of manufacturers’ publicity. However, after collecting the car, consumers often find that the configuration of vehicle models has shrunk, which is different from the initial publicity.

In terms of model reduction, the latest example is Chang’an’s flagship SUV uni-k. On each complaint platform, many consumers said that before buying the car, major media and Chang’an Automobile micro signal were promoting that uni-k model is equipped with “APA 6.0 automatic parking, L3 level automatic driving, face recognition ignition start, light show timing welcome light” and other functions.

However, after buying and using the car for a period of time, the owner found that the real car did not appeal any function, and the relevant functions have not been updated after the vehicle has been upgraded by OTA for many times.

In response, Chang’an Automobile responded that this was because “the previous media publicity was an experimental and test vehicle”, but the owner believed that the manufacturer did not declare that this was an experimental and test vehicle during the publicity, so the car enterprises were suspected of false publicity.

In addition, Great Wall Motors, Euler cat and Volkswagen Langyi have also been accused of false publicity.

For example, many consumers found that the CPU displayed in the system information of the model was the old 4-core Intel processor, not the officially promoted Qualcomm chip. This leads to slow response and stuck operation, and many mainstream apps cannot be installed on the vehicle.

Euler brand explained that it was a misunderstanding caused by the unclear expression of new technology and parameter configuration in advance.

In addition to misleading consumers due to the lack of core, many car companies have chosen the scheme of delivery first and then replacement in order to complete the delivery.

For example, Ford said recently that it would sell and ship cars without chips that drive non safety functions, but Ford promised to send the chips to dealers one year after car sales and help install them on customers’ cars. Tesla also sold many car models without USB interface, and they will be replenished later.

Most deadly: how to ensure car safety

The most fatal problem of new energy vehicles is safety, and the first is the Spontaneous Combustion Accident of electric vehicles.

As early as 2011, electric taxis spontaneously ignited due to problems with lithium iron phosphate batteries. With the rapid rise in the sales of new energy vehicles in recent years and the market’s pursuit of models with high energy density and high endurance mileage, the accidents of vehicle spontaneous combustion caused by power battery failure are more common.

According to the report on big data safety supervision results of the national supervision platform of new energy vehicles released by the national big data alliance of new energy vehicles, 79 spontaneous combustion safety accidents were found on the national supervision platform of new energy vehicles from May to July 2019, with an average of one accident every day and a half. At present, the brands involved in spontaneous combustion include Weilai, Chang’an, Geely, Euler, Zhongtai, Tesla and other automobile enterprises.

For example, in December 2021 alone, three spontaneous combustion incidents occurred in Weima’s electric vehicles in Zhengzhou, Haikou and Sanya for four consecutive days.

From the specific causes of spontaneous combustion, there are impurities mixed in the production process by the cell supplier, resulting in abnormal lithium precipitation of the power battery; The battery will catch fire frequently in the high-temperature environment; It is also because after long-term use of the car, the bottom of the car is subject to abnormal impact or severe bumping impact, resulting in overheating of battery pack system components and baking of battery cells, resulting in battery heat out of control and so on.

Due to the spontaneous combustion of vehicles caused by power battery failure, Weima automobile, BAIC new energy and Weilai have carried out mass recalls of vehicles.

The good news is that in December 2021, the China Insurance Industry Association has officially announced the exclusive provisions for commercial insurance of new energy vehicles (for Trial Implementation).

In terms of insurance structure, the scope of protection of exclusive provisions of new energy vehicles has been extended from vehicles to charging equipment (such as charging pile), and some proper terms of new energy vehicles (such as battery attenuation) have been clarified.

The exclusive terms of new energy vehicles also specify that the driving, parking, charging and operation of new energy vehicles are within the protection scope of the three main insurances of new energy vehicles.

In addition, the State Administration of market supervision and administration also promulgated the provisions on the responsibility for repair, replacement and return of household automotive products (hereinafter referred to as the provisions on three guarantees for automobiles), which is closely related to new energy vehicles, in December 2021 and will come into force as of January 1, 2022.

The regulations on three guarantees for vehicles not only adds relevant provisions on the warranty of new energy vehicles (pure electric and plug-in hybrid models), but also includes the quality problems of special parts such as power battery and driving drive motor into the supervision of three guarantees for vehicle return and replacement.

In addition to the spontaneous combustion accident, another problem of new energy vehicles that may endanger the safety of passengers is the failure or crash of the vehicle engine system.

In recent years, the penetration rate of intelligent networked vehicles in the passenger car market is increasing, and the vehicle machine system has become the core component of intelligent networked vehicles. However, a series of problems have emerged, such as the direct locking of auxiliary driving system, the failure of lane change assistance and lane keeping function, the failure of induction radar, the inability to identify obstacles or pedestrians in time, and the auxiliary driving system grabbing the steering wheel, resulting in many vehicle accidents and deaths.

In addition, as an emerging product in the market, the vehicle training for consumers and the popularization of the limitations of the auxiliary driving system are still not enough.

Being “streaked”: who will protect data privacy?

Another major concern for consumers is data privacy and security.

It is a general trend for cars to turn to intelligence and networking. Intelligent networked cars integrate various diversified services such as travel, entertainment, traffic management, navigation and vehicle remote detection and control. In car cameras, out of car sensors, intelligent navigation system and voice interaction system have gradually become the standard configuration of new energy vehicles, which forms the hidden danger of excessive data collection and abuse under the background of big data.

For example, many car owners have complained that ideal car owners will be required to read an agreement during OTA, but the agreement has only a single option of “agree”.

It is understood that the agreement aims to collect all kinds of ideal app account information associated with users in the process of using the on-board application platform, including vehicle driving behavior data, on-board navigation application data, personal collection and other privacy information.

In addition, in order to form user portraits and push relevant information flows to users, most new energy vehicle enterprises will also collect user browsing information, community and forum exchange information and other relevant data.

Some car owners pointed out that if users choose not to agree, they will not be able to use the app of car enterprises, and the functions such as remote control and mobile phone keys associated with the app will not be able to use.

From the perspective of classification, the current vehicle data can generally be divided into:

Basic automobile data (license plate number, vehicle brand and model, vehicle identification code, vehicle color, body length, width, appearance and other relevant data);

Infrastructure, traffic data, map data (traffic light information, related road infrastructure, specific location of road pedestrians, driving and moving direction, street view outside the vehicle, traffic signs, building appearance and other real traffic data);

Owner identification data (name, mobile phone number, driver’s license, certificate number, payment information, home address, user’s fingerprint, face and other biometric information, among which biometric information belongs to personal sensitive data);

User status data (voice, gesture, eye position change, etc.);

Behavior data (login, browsing, search, transaction and other operation information, etc.).

According to the principle of personal information protection in China, the collection of personal information should follow the three principles of “informed consent”, “minimum necessity” and “purpose limitation”.

The processing of sensitive personal information needs to be obtained with specific purposes, sufficient necessity and strict protection measures, and the individual’s separate consent.

In addition, due to the long industrial chain of the Internet of vehicles, the data will flow from the vehicle end to a service provider, between upstream and downstream service providers, and between relevant personnel’s mobile intelligent terminals and service providers in two or more directions. The risk of consumer privacy data disclosure is also greatly enhanced.

However, nowadays, the Internet of vehicles data security system has been gradually improved and paid attention to.

For example, in response to the above problems, Chen Hong, chairman of SAIC Group, previously suggested at the two sessions that to establish an access system, the collection, storage and commercial use of intelligent connected vehicle data (including high-precision map data) need to be filed and managed by relevant national departments. Only intelligent connected vehicle products that meet the requirements of data security and privacy protection can enter the vehicle announcement directory.

Wang Yao, assistant secretary general and Minister of Technology Department of China Automobile Industry Association, also said that from the long-term development of the industry, we should build a data management system that adapts to the development of the industry, ensures data security and meets the effective supervision of the government based on data classification and classification. At the same time, we can further improve the data supervision system of intelligent networked vehicles by adopting the multi centralized data governance mode.

In addition, a series of relevant regulatory systems have also been launched, such as several provisions on automobile data security management (Trial), opinions on strengthening the access management of intelligent networked automobile production enterprises and products, and notice on strengthening the network security and data security of the Internet of vehicles.

However, generally speaking, the construction of domestic safety system for automobile data is still lagging behind. The key issues such as which data can be collected, how to use the data, which can be shared with third parties, and whether “machine generated data” belongs to personal information are still unclear.

As we all know, it can’t be cured for a long time?

In recent years, the state is stepping up efforts to regulate the new energy vehicle market. At the beginning of 2022, the China Consumer Association said that it would take new energy vehicles as one of the priorities to carry out consumption supervision activities in the field of people’s livelihood.

Previously, the Ministry of industry and information technology also carried out supervision and inspection on the production consistency of new energy vehicle products in accordance with the regulations, and the results showed that 8 models of 7 enterprises were inconsistent.

According to the analysis of complaints received by the National Consumer Association in 2021 previously released by the China Consumer Association, the main problems of consumers’ complaints about new energy vehicles are concentrated in the following eight aspects:

New energy vehicle safety problems, including power failure, spontaneous combustion, automatic driving system failure and so on.

Battery quality problems, such as charging failure;

Reduced range;

The publicity is inconsistent with the actual situation;

Consumer dissatisfaction caused by price changes;

Modify the publicity materials and instructions of the sold models at will;

Supporting after-sales service system, maintenance network and maintenance technicians can not meet the needs of new energy vehicles with rapid growth;

The storage and provision of automobile data caused disputes, and the relevant data was monopolized by the manufacturer and refused to be provided.

In fact, the above complaints are regarded as the normal topics of new energy vehicles, but they are also emerging things for the automotive industry. The industry’s evaluation and appraisal system on the rights and responsibilities of new energy vehicles and product safety standards has not been fully established. Therefore, there has been a situation in which the owner and Tesla do not trust each other’s interpretation of vehicle data after Tesla’s accident, which makes it difficult to prove Industry phenomenon of difficult rights protection.

In view of the difficulties in safeguarding the rights of similar new energy vehicles, industry experts analyzed that there are two main reasons: first, the information asymmetry is difficult to prove, and the damaged owners bear the responsibility; second, extreme rights protection is performed frequently, reflecting that the rights protection channels are not unblocked.

The China Consumer Association said that in order to solve the problem of safeguarding the rights of new energy vehicles, operators should bear the main responsibility. For example, operators should truthfully and comprehensively inform consumers of the product situation, agree on the rights and responsibilities of both parties fairly and reasonably, and protect consumers’ right to know data.

At the same time, the industry also suggested that the adaptability of policies should be improved, and a new energy vehicle testing and evaluation standard system should be established. The “annual review” and daily maintenance should be included in the performance testing of power batteries.

At present, the regulations for the implementation of the road traffic safety law of the people’s Republic of China requires that all vehicles must undergo annual inspection, but the current inspection indicators are only for fuel vehicles, while there is no specific “annual inspection” standard for new energy vehicles such as pure electric vehicles.

Jiang Jing, a lawyer at Shanghai hengyanda law firm, said that consumers’ awareness of safeguarding their rights is increasing day by day, but the systematic legal awareness is still relatively weak, lacking the awareness of risk prediction in advance. When signing an agreement, most consumers often don’t carefully study the contract terms, wave a big pen and clinch a deal quickly. When they find problems, they think of using legal weapons, but they find the exemption clauses already signed with businesses.

“Therefore, it is particularly important for consumers to carefully study the contents of the car purchase agreement before signing it. In addition to the elements of the car itself, they should also pay attention to the details in the agreement, such as the delivery method, place and time; secondly, they must clarify the liability for breach of contract and agree on the solution and the jurisdiction of the agreement; the after-sales service terms should also be reviewed to clarify the various obligations of dealers.”

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