Fraudulent Minor Refund ClaimsRefund DisputesFalse Litigation

Fraudulent “Minor Refund” Claims: How Should Game Companies Respond?

虚假未成年退费,游戏公司如何反制?

January 9, 2026
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Summary

This article analyzes disputes arising from adults impersonating minors to seek refunds from game companies. Through a representative case decided by the Guangzhou Internet Court, it illustrates how courts identify false litigation based on behavioral and evidentiary indicators. The article further outlines civil and criminal response strategies available to game companies, emphasizing standing defenses, counterclaims for malicious litigation, contractual governance measures, and potential criminal liability for fraud and false litigation. It concludes that robust legal countermeasures are essential to prevent abuse of the minor protection regime.

In recent years, alongside the rapid development of the online game industry, a new type of legal dispute has gradually emerged—litigation arising from adults impersonating minors to seek refunds from game companies. The core issue in such disputes lies in the fact that certain adult players exploit the legislative goodwill underlying the special protection regime for minors, attempting to obtain improper economic benefits by fabricating facts. Encouraged and amplified by a large number of legal consulting entities on self-media platforms, lawsuits of this nature against game companies have become increasingly frequent.


Review of a Typical Case

A case publicly disclosed by the Guangzhou Internet Court in June 2025 concerning a fraudulent minor refund claim is highly representative. An adult player, Da Li (pseudonym), accumulated more than RMB 20,000 in in-game top-ups, but attributed the spending to his three-year-old child, Xiao Li, claiming that the child had operated the game account without authorization and demanding a full refund from the game platform.

Upon trial, the court found that:

  • the child’s age at the time of the top-ups;

  • the game account’s frequent logins during late-night and early-morning hours;

  • repeated adult-oriented expressions appearing in the in-game chat channels, such as “I drank too much last night” and “Adults are talking, children don’t interrupt”; and

  • the fact that the payment accounts associated with the recharge periods showed internet café QR-code payment records

were sufficient to establish that the recharge behavior of the account was not carried out by the minor. The court held that Da Li, as a person with full civil capacity, maliciously exploited the minor protection mechanism, fabricated facts regarding minor recharges, and thereby constituted false litigation.

Accordingly, the court dismissed all of Xiao Li’s claims and issued a judicial fine decision against Da Li for his false litigation conduct, ordering him to pay a fine of RMB 10,000 within a specified period.

(Image source: Internet)

Such cases reveal the current legal dilemma faced by the game industry: how to protect the legitimate rights of genuine minors while preventing certain adults from maliciously abusing the protection mechanism. Where a game company possesses conclusive evidence proving that the account was operated by an adult, it urgently needs effective response strategies to counter false and malicious litigation, in order to safeguard its lawful rights and maintain market order.


How to Respond?

Where an adult maliciously seeks a refund, and the game company has obtained and can adduce evidence proving that the game account was operated by an adult, the company may explicitly refuse the refund request and inform the user of the reasons. The adult’s recharge behavior fully satisfies the requirements of a valid civil legal act and therefore does not fall within the scope of the minor refund rules.

1. Civil Enforcement Pathway

If the user nevertheless files a lawsuit demanding a refund, the game company may, on the one hand, raise a defense that the plaintiff lacks proper standing, adducing in-game evidence pointing to adult operation of the account.

On the other hand, the game company may shift from a defensive to an offensive posture by filing a counterclaim or a separate action seeking compensation for losses caused by the malicious litigation, such as attorneys’ fees, investigation costs, and other rights-protection expenses incurred in responding to the fraudulent refund claim.

In addition, by reference to the above-mentioned false minor refund case adjudicated by the Guangzhou Internet Court, the game company may apply for the judge to conduct an investigation. Where it is confirmed that the plaintiff maliciously exploited the minor protection mechanism and constituted false litigation, judicial sanctions should be imposed, thereby effectively deterring fraudulent refund lawsuits.

At the same time, game companies may improve the “prohibition of false complaints” clauses in their user agreements, and, based on such agreements, impose measures such as functional restrictions or permanent account bans on the accounts involved. The relevant users (including their identity information, device information, payment information, IP addresses, etc.) may be incorporated into risk monitoring systems or blacklists, subjecting future account registration, login, top-up, and refund requests to stricter review or direct restriction.

(Image source: Internet)

2. Criminal Enforcement Pathway

Where the evidence is conclusive, adults impersonating minors to seek refunds may incur criminal liability, and game companies may adopt more stringent countermeasures.

On the one hand, impersonating a minor to apply for a refund is, in essence, fraudulent conduct. Pursuant to Article 266 of the Criminal Law, where fraudulently obtained public or private property reaches a relatively large amount (generally RMB 3,000 or above), the conduct constitutes the crime of fraud. If the user misleads the court into supporting the fraudulent minor refund claim, thereby causing losses to the game company, the risk of constituting this crime arises.

On the other hand, once a malicious refund claim enters litigation proceedings, the actor may trigger the Crime of False Litigation under Article 307-1 of the Criminal Law, which provides:

“Whoever institutes a civil lawsuit based on fabricated facts, thereby obstructing judicial order or seriously infringing upon the lawful rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and/or be fined; where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.”

The judicial fine of RMB 10,000 imposed by the Guangzhou Internet Court on Da Li was precisely based on its determination of false litigation conduct.

In addition, there may be concurrence of multiple offenses. Depending on the specific conduct, if forged birth certificates, household registration books, or other documents are used to apply for refunds, the conduct may simultaneously constitute the crime of forging, altering, or trading official documents, certificates, or seals of state organs. Where minor identity information is illegally obtained for authentication purposes, the conduct may also trigger the crime of infringing citizens’ personal information. When reporting a case to public security authorities, game companies should comprehensively sort out the offender’s unlawful and criminal acts and prepare a criminal complaint, carefully assessing whether to pursue criminal enforcement.


Conclusion

Adults impersonating minors to demand game refunds essentially constitute an abuse of the special protection regime for minors. Such conduct not only infringes upon the lawful rights and interests of game companies, but also erodes the foundation of social integrity. The Guangzhou Internet Court’s judgment in the case involving fabricated recharge claims by a three-year-old child demonstrates the judiciary’s firm stance against false litigation and clearly delineates the legal boundary between legitimate rights protection and malicious fraud.

When facing such disputes, game companies should adopt multi-layered legal response strategies: establishing robust evidence preservation systems at the technical level; accurately deploying defenses based on standing and evidence chains in litigation; and, with respect to malicious conduct, resolutely pursuing civil compensation and criminal liability. The minor protection mechanism must not be allowed to be abused as a profit-seeking tool.

中文原文

近年来,随着网络游戏行业的蓬勃发展,一种新型法律纠纷逐渐凸显——成年人冒充未成年人向游戏公司发起退款请求引发的诉讼冲突。这类纠纷的核心在于部分成年玩家利用法律对未成年人特殊保护的制度善意,试图通过虚构事实获取不正当经济利益,在自媒体平台大量法律咨询公司的煽动鼓舞下,这类起诉游戏公司的案例也频发。


典型案例回顾

广州互联网法院在2025年6月公开的一起假冒未成年退款案例极具代表性。成年玩家大李(化名)在游戏中累计充值超过两万元,却将责任归咎于自己年仅三岁的孩子,声称是孩子擅自操作导致充值,要求游戏平台全额返还。

法院经审理查明,从充值时小李的年龄、游戏账号在凌晨等时段高频登录、游戏聊天频道中多次出现“昨晚喝多了”“大人说话,小孩别插嘴”等成人化的文字表述、充值时段关联的支付账户存在网吧扫码消费记录。由此,在案证据足以认定案涉游戏账号的充值行为并非由小李实施,大李作为完全民事行为能力人,恶意利用未成年人保护机制,虚构未成年人充值事实,构成虚假诉讼。

据此,判决驳回小李的全部诉讼请求,并针对大李的虚假诉讼行为发出罚款决定书,责令其限期交纳罚款1万元。

(图片来源于互联网)

这类案件揭示了当前游戏行业面临的法律困境:如何在保护真实未成年人权益的同时,防范部分成年人恶意滥用保护机制?游戏公司在掌握确凿证据证明是成年人操作的情况下,亟需应对策略反制虚假恶意诉讼,以维护其合法权益和市场秩序。

如何反制?


面对成年人恶意退款,在掌握并可举证成年人操作游戏账号证据的情况下,游戏公司可以明确拒绝退款申请并告知拒绝理由,成年玩家充值行为完全符合有效民事法律行为的要件,不适用未成年人退款规则。

1、民事路径

如果用户坚持向法院起诉要求退款,一方面,游戏公司可以在诉讼中进行原告不具有诉讼主体资格的抗辩,举证游戏内指向成年人的行为;

另一方面,游戏公司可以化防守为主动,反诉或另诉要求原告赔偿恶意诉讼导致的损失,例如为恶意退款诉讼所支出的律师费、调查费等维权支出,也可以参考广州互联网法院上述虚假未成年人退款诉讼案例,游戏公司可以申请法官进行调查,如调查确认是恶意利用未成年人保护机制,构成虚假诉讼,应当进行司法惩戒,有效打击虚假退款诉讼。

与此同时,游戏公司可以完善用户协议中的“禁止虚假申诉”条款,依据用户协议对涉事账号采取限制功能或永久封停的处理措施,将该用户(包括其身份信息、设备信息、支付信息、IP地址等)纳入风险监控系统或黑名单,对其未来的账号注册、登录、充值、退款申请等进行更严格的审查或直接限制。

(图片来源于互联网)

2.刑事路径

在证据确凿的情况下,成年人冒充未成年人退款可能涉及刑事责任,游戏公司可采取更严厉的反制手段。

一方面,成年人冒充未成年人申请退款,本质上是欺诈行为。根据《刑法》第二百六十六条,诈骗公私财物,数额较大的(通常3000元以上),即构成诈骗罪,如果用户误导法院判决支持了假冒未成年人的诉请,给游戏公司造成损失,则存在构成此罪的风险。

另一方面,当恶意退款进入诉讼阶段,行为人可能触犯《刑法》第三百零七条之一虚假诉讼罪。该条款规定:“以捏造的事实提起民事诉讼,妨害司法秩序或者严重侵害他人合法权益的,处三年以下有期徒刑、拘役或者管制,并处或者单处罚金;情节严重的,处三年以上七年以下有期徒刑,并处罚金。”广州互联网法院对大李处以一万元罚款的司法处罚,正是基于对虚假诉讼行为的认定。

此外,也存在多罪名竞合的可能性。根据具体行为方式,如通过伪造出生证明、户口本等证明材料申请退款的,可能同时构成伪造、变造、买卖国家机关公文、证件、印章罪;若通过非法获取未成年人身份信息进行认证,则可能触犯侵犯公民个人信息罪。游戏公司报案时需全面梳理行为人的违法犯罪事实,准备刑事控告书酌情考量是否通过刑事手段进行打击。

结语

成年人冒充未成年人要求游戏退款的行为,本质是对未成年人特殊保护制度的滥用,不仅侵害游戏公司合法权益,更侵蚀社会诚信基础。广州互联网法院对虚构三岁儿童充值案的判决,彰显了司法对虚假诉讼的惩戒力度,划清了正当维权与恶意欺诈的法律边界。

游戏公司面对此类纠纷,应当采取多层次法律应对策略:在技术层面构建完备的证据保全体系;在诉讼中精准运用主体资格抗辩、证据链组织等策略;对恶意行为敢于追究民事赔偿与刑事责任,不能放任保护机制被滥用为牟利工具。

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