How to protect the rights and interests of consumers in live shopping    The


   problem of false shipping quality and after-sales is not uncommon

  □ Our reporter Han Dandong

  □ Liang Chen, an intern of our newspaper

  Recently, Nanjing police took off a gang that used live broadcasts to sell counterfeit international fashion brand clothing, arrested more than 20 people involved, and seized more than 300,000 counterfeit goods on the spot, involving nearly 200 million yuan.

  There are also fakes and false propaganda in the live broadcast. Two pieces of "Dior Blue Gold Lipstick" at 48 yuan, a bottle of "Zumalong Perfume" at 30 yuan, and a "Givenchy Christmas Set" at 90 yuan... mainly based on Douyin and Kuaishou. The major short-lived live video platforms selling luxury goods are rampant.

  According to the “Online Survey Report on Consumer Satisfaction of Live E-commerce Shopping” released by the China Consumers Association in March this year, 37.3% of consumers surveyed have encountered consumption problems during live shopping.

  Previously, in order to create a good market consumption environment, guide webcast marketing activities to be more standardized, and promote the healthy development of webcast marketing formats, the China Advertising Association issued the first domestic "Code of Conduct for Webcast Marketing" to engage in webcast marketing activities. Provide behavior guides for all kinds of subjects.

  However, a reporter from the Rule of Law Daily found that there is still a lot of chaos in live web marketing activities.

  False propaganda

  Multiple routines are difficult to distinguish between true and false

  According to reports, in May of this year, Nanjing Xuanwu police noticed during online inspections that an account with 36,000 fans was extremely active on a live broadcast platform, selling an internationally renowned fashion brand clothing in the form of live broadcast.

Some customers in the live broadcast room reported that the account was suspected of selling fakes.

  On May 14, Mr. Zheng, who lives in Xuanwu District, Nanjing, reported to the police that he had purchased a fashion brand sweater on a live streaming platform. After the arrival of the goods, it was found that the sweater had quality problems and was a counterfeit international fashion brand. apparel.

  The Xuanwu Branch of the Nanjing Public Security Bureau immediately launched an investigation.

Through online inspections and offline investigations, the police found that the clothing sold on the live streaming platform account was fake.

This cargo-carrying platform falsely claimed that it had obtained the authorization of an international fashion brand, and defrauded the trust of consumers and franchisees by forging foreign authorization certificates, hiring Internet celebrity platforms, navigators to scan orders, and customs declaration forms.

  At the same time, in order to expand sales, the criminal gang carried out “online and offline” activities at the same time, using the popular “online live streaming” method to set up live broadcast rooms and enter a large group buying platform and shopping website. Selling products through online live broadcasts, and on the basis of grasping the consumer psychology of many consumers that the price is true or false, the purchase price of only 20 yuan or 30 yuan clothing is sold to about 500 yuan, and the sales price of sweaters with a cost of more than 50 yuan is at 700 yuan, 800 yuan, selling counterfeit products at prices close to the counters, daily sales of more than 100,000 yuan, a profit dozens of times.

  In the "offline", the criminal gang openly held a new product launch conference.

On the day of the event, more than 200 merchants from all over the world were attracted to attend. By pre-collecting each franchise agency fee ranging from 600,000 to 1.2 million yuan, they illegally gained tens of millions of yuan on the spot.

  After grasping the conclusive evidence that the platform account was suspected of selling fakes, on June 15th, the police divided into five groups to arrest the suspects. In this operation, more than 300,000 counterfeit internationally renowned fashion brand clothing were seized, and the amount involved Nearly 200 million yuan.

  According to Zheng Ning, director of the Law Department of the School of Cultural Industry Management of Communication University of China, the parties knew that the act of selling fakes was suspected of violating the provisions of the Trademark Law and constituted an act of selling goods that infringed on the exclusive rights of registered trademarks.

  Coincidentally.

Recently, the Xuancheng police in Anhui Province, after multiple investigations, arrested a criminal gang across the province in Ruili, Yunnan, confiscated more than 60 mobile phones and 5 high-end cars on the spot, frozen the amount involved in the case of more than 10 million yuan, and seized 10 pieces that had not been sold. Emerald rough stone.

The criminal gang has long used the "online shopping jade rough stone" live broadcast activity to deceive consumers and obtain high illegal benefits.

  A reporter from the "Rule of Law" found that in the field of live streaming, various "acting" sales routines also exist in large numbers. Sales routines such as "tragic", "moving", and "indignation" are emerging in endlessly, making consumers It is difficult to distinguish true from false in various routines.

  For example, "You sold things for 39 yuan? Divorced!", a female merchant was scolded by her husband for lowering the sales price and selling goods; "I would ask the merchant for a discount for everyone, if it doesn't work, I would pay for the discount for everyone", the anchor paid for it Give fans a low price discount; "Family members, sales are face. There is always someone behind me, let him see the cohesion of our family", a female anchor used words to instigate fans to shop in order to increase sales...

  Blindly follow the crowd at low prices

  Lack of supervision on live delivery

  Why can the gang that sells counterfeit international fashion brand clothing through live broadcasts that the Nanjing police end up easily "make money", and the amount involved is nearly 200 million yuan?

Why are so many people deceived?

Some people even pay high franchise agency fees?

  In this regard, Han Yingwei, senior partner of Beijing Yingke Law Firm, said that this is not unrelated to the high simulation of the goods, which is not much different from the real goods in terms of function and texture and cheap. The public follows the trend and lacks supervision on the platform.

In addition, the case also exposed the lack of effective administrative supervision in the live streaming market. Administrative agencies should increase the supervision of this emerging field, and promptly stop the problems of fake and inferior live streaming products.

  In Zheng Ning's view, it is mainly affected by two aspects.

On the one hand, affected by price psychology, most consumers tend to purchase products at the same price without the ability to judge products; on the other hand, merchants have a profit-seeking nature, so they find that the marketing model has a larger profit margin Later, they tend to ignore the necessary due diligence process and directly invest and pay high franchise fees.

  According to the 45th "Statistical Report on China's Internet Development Status", as of March 2020, the number of live webcast users in my country has reached 560 million, an increase of 163 million from the end of 2018, accounting for 62% of the total Internet users.

Among them, e-commerce live broadcast users reached 256 million, accounting for 37.2% of online shopping users.

  At present, the scale of live delivery of goods has become mainstream nowadays. At the same time, live delivery of goods involves multiple subjects such as anchors, merchants, and platforms, and the live broadcast behavior is instant, which is difficult to prevent beforehand, and more is discovered afterwards. Problems are resolved through reports, complaints, etc., and the supervisory department lacks corresponding supervisory means and supervisory experience.

  In May of this year, the "May 1st Holiday Consumer Rights Protection Public Opinion Analysis Report" released by the China Consumers Association showed that during the monitoring period, a total of 66,798 pieces of negative information on online shopping were collected. Internet celebrities and live streaming became online shopping. With the new method, false shipments, product quality issues, and after-sales service issues are more concentrated.

  Identify live broadcast rooms with fakes

  Rational consumption

  The rapid development of live delivery methods has played a positive role in improving consumer experience and stimulating economic development. However, exaggerated publicity, private transactions, counterfeit and inferior products, and difficulty in after-sales service have also become new hidden dangers hindering its development.

  On June 15, the Consumer Council of Hunan Province issued the No. 7 Consumer Reminder of 2020: The consumption of live broadcast with goods also requires scientific rationality.

Consumers should consume rationally according to their own needs. They should not be blindly impulsive out of blind trust in personal anchors or by the marketing atmosphere of scarce products created by live broadcast platforms such as "low price", "seckill" or "limited quantity". consumption.

  How to identify the live room with fakes?

Han Yingwei recommends: First, look at the online and historical live broadcast data of the product, and analyze whether it is normal by observing the number of online people, fan interactions, product transactions, sound waves and other data. If the data shows abnormalities, the authenticity of the live broadcast room is in doubt; , Whether the product explanation and release time are abnormal, the general product explanation will quickly drive the audience’s atmosphere into the spike link within a few minutes, the product will not be continuously released, the product explanation time is too long, and there are more product launch activities, the authenticity of the product in the live room Doubt; third, when watching the product likes and reviews in the live broadcast room, we must pay attention to the consistency of the review and evaluation with the product in the live broadcast room. The evaluation content and the style of the product are obviously inconsistent, and the possibility of false live broadcast in the live broadcast room is very high.

  Zheng Ning also reminded that when shopping in the live broadcast room, first of all, do not easily believe in the terminology of the anchor marketing, and carefully observe the price trend of the product and the product qualification; secondly, try to buy goods in the official flagship store or the live broadcast room of the famous anchor , Because the credibility of these live broadcast rooms is relatively high, which can reduce the risk of buying fakes; finally, after receiving the goods, you must make good use of the third-party evaluation website to evaluate the authenticity of the goods. If you find fake and inferior problems, you should report the sale to the platform in time Fake live broadcast room to prevent the influence of the live broadcast room from further expanding.

  At the same time, Zheng Ning suggested that consumers should save relevant shopping records (such as advertising and payment vouchers during the live broadcast of the product) at the first time when shopping live, because online shopping related information is difficult to restore after being deleted. Therefore, consumers should take screenshots when making purchases, retain relevant original data, and need sufficient evidence to support their claims.

If you find that the quality of the product is unqualified or that it does not match the advertising, you should communicate with the merchant in a timely manner. If the negotiation fails, you can apply for platform intervention, or complain to the market supervision department, and you can also bring a lawsuit to the people's court for damage caused by product quality.

  "In order to standardize the development of live streaming, in addition to requiring consumers to increase their awareness of self-prevention and rational consumption, it is also indispensable for live broadcast platforms to strengthen self-discipline and supervision by regulatory agencies according to law." Han Yingwei said.