China News Service, July 22. According to the website of the State Administration for Market Regulation, the State Administration for Market Regulation announced on the 22nd the first batch of 10 typical cases of false publicity of unfair competition on the Internet, involving three different types of order processing methods. The "net celebrity effect" fictitious evaluation, organizing employees, relatives and friends and other acquaintances, hiring professional teams or "swiping hands" and other methods of "scratching orders and speculating letters" are exposed.

  According to reports, on e-commerce platforms, user reviews are often an important reference factor for consumers to choose products.

For this reason, in order to attract consumers' attention and obtain more transaction opportunities, some unscrupulous sellers seek to "swipe their hands" to conduct false transactions, in order to improperly increase product sales, user praise and store reputation.

  In 2021, the State Administration of Market Supervision will carry out a nationwide special rectification of anti-unfair competition law enforcement in key areas, intensify the supervision of online unfair competition behavior, and severely crack down on the organization of professional teams, the use of online soft articles, online celebrities, well-known bloggers, and live broadcasts. Carrying out unfair competition behaviors such as "swiping orders and speculating letters", false propaganda, etc. with goods.

As of the first half of 2021, market regulatory authorities at all levels across the country have investigated and handled 3,128 cases of unfair competition, with a fine of 206 million yuan.

  The State Administration of Market Supervision announced the first batch of 10 typical cases of online false propaganda and unfair competition, involving three different types of ordering methods, fictitious evaluations of using the "net celebrity effect", organizing employees, relatives and friends and other acquaintances, hiring professional teams The behavior of "swiping hands" and other methods of "swiping orders and speculating letters" was exposed.

1. Use "net celebrity effect" fictitious evaluation and other methods to "scrape orders and speculate letters."

The original intention of setting up online reviews and rankings is to use big data formed by statistics and display of real feedback from Internet users after consumption, reflecting information such as popularity, strength, and market reputation, so as to help consumers make judgments and choices more conveniently.

However, under the control of the single-sweeping gang, through the organization of "big V" (high-level users of the platform) to the store for free experience, post designated praise, "swipe hands" to post false positive reviews without actually experiencing or using goods, and using false registrations There are various means such as "fans" can have, "interaction" can be bought, "acceptance" can be improved, and "view volume" can be increased.

From the initial manual volume to the current machine volume, the online black-and-white product of "scratching orders and speculating letters" has developed to the point where it affects the survival of businesses and damages the legitimate rights and interests of consumers, such as the right to know and the right to choose. It destroys the market order of fair competition and is not conducive to the healthy development of the Internet ecology. It must be rectified and cleaned up.

  Case 1: Zhejiang Hangzhou Zhiyi Brand Management Co., Ltd. used "Big V" to create "Internet celebrity shops" to help "swipe orders and speculate letters"

  Basic facts: At the end of 2020, the parties involved recruited a large number of popular comment platforms "big V" to pay for meals in accordance with the needs of 11 Dianping platform merchants to build so-called "Internet celebrity shops".

After the meal, "Big V" made up a good "job" and released it and gave it a high score.

After the parties have reviewed the "homework" of the "big V", the meal expenses will be refunded.

In this way, the parties raised the star ratings of relevant businesses on the Dianping platform and increased their high-quality reviews. Through double-fake content and traffic, the parties helped businesses deceive and mislead the relevant public.

  Legal basis and punishment: The party’s behavior violated Article 8 Paragraph 2 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and a fine of 200,000 yuan was imposed.

  Case 2: Shenzhen Haotongcheng Network Technology Co., Ltd. pretends to be a consumer appraisal of "swiping orders and speculating letters"

  Basic facts: The parties involved developed and operated the "Koi Goods Member Shopping Platform" and set up the "Points Checking" module in the platform's application software, claiming that they could buy mobile phones and other goods at prices ranging from 0.1% to 30%. There are thousands of them every day Successfully picking up the missing points, attracting users to recharge and give away points to participate in the "points missing" activity.

From March 8th to 15th, 2021, the parties advertised that they successfully distributed between 4,000 and 6,000 benefits per day, but the actual amount of benefits that were successfully distributed per day was less than 15, which was far from the amount of publicity.

At the same time, the parties inflated the user's nickname, avatar, and comment content for some products on the platform that did not have user reviews.

The parties fictionalized the number of benefits provided by the event, and at the same time pretended to be consumers for evaluation, deceiving and misleading the relevant public.

  Legal basis and punishment: The party’s behavior violated Article 8 Paragraph 1 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and imposed a fine of 200,000 yuan.

  Case 3: Shenzhen Nuoyao Network Technology Co., Ltd., Guangdong Province, false shop reviews to help "swipe orders and speculate letters"

  Basic facts: Since April 2020, the parties have used WeChat Moments to publish services such as "increasing the number of big Vs, small Vs in-store experience, and increasing page views", and promised to help customers improve their "star ratings" on the Meituan Dianping platform. "Rank" to attract more consumers.

The parties used different account login operations to falsely evaluate the "five-star" full marks for the shops on the platform, rather than the real evaluations of the consumers who actually came to the store.

The parties used false praise and other methods to help other operators carry out commercial propaganda, deceiving and misleading the relevant public.

  Legal basis and punishment: The party’s behavior violated Article 8 Paragraph 2 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and a fine of 10,000 yuan was imposed.

2. Help "swipe orders and speculate letters" by hiring professional teams, "swiping hands", and using professional technical software and other means.

In the past, the exaggeration or false propaganda that used traditional means of "selling and boasting" has now evolved into the organization of professional teams, the use of online soft texts, and the use of "live streaming" to help false propaganda and deceive consumers.

"Swiping orders and speculating letters" has increasingly shown the characteristics of organization, professionalism, and scale, and even formed a black and gray industry.

In the industry chain of "swiping orders and speculating letters", organizers, sellers, and "swiping hands" are the three main roles. While rigorously investigating sellers' order violations, they also seriously pursue the legal responsibilities of the entities that help them. This is an important link in the chain of interests.

  Case 4: Chen Mouhui, Taizhou City, Zhejiang Province, used technical software to help "swipe orders and speculate letters"

  Basic facts: The parties registered Zhejiang Xiaola Information Technology Co., Ltd., Zhejiang Tomato Information Technology Co., Ltd., and Zhejiang Chili Information Technology Co., Ltd. in 2018 and 2020 respectively, applied for "enterprise QQ number" and recruited 21 employees. , It is divided into "single list group, review group, shopping guide group, after-sales group" to operate "swiping orders and speculating letters".

At the same time, with the help of "Little Water Drop", "Big Water Drop" and "Owl" special ordering software, search for merchants who need to order ordering, assign "hands" ordering task, complete false transactions, and help online store operators to evaluate on the platform Gaining higher business rankings, credit ratings and user visits within the system mislead consumers.

From September 2018 to April 29, 2021, the parties have made a total of 2,951,750 orders, with a total amount of more than 359 million yuan of goods, and a profit of 3,729,300 yuan.

  Legal basis and punishment: The party’s behavior violated Article 8 Paragraph 2 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and a fine of 2 million yuan was imposed.

  Case 5: Zongmou, Xiamen City, Fujian Province, used technical means to help "swipe orders and speculate letters"

  Basic facts: The parties charged a commission from Hanmei Hutong (Xiamen) Technology Co., Ltd. from July 2019 to December 2019, and performed false downloads of the font products of Hanmei Hutong (Xiamen) Technology Co., Ltd. to help them falsify The amount of downloads in order to achieve the purpose of deceiving and misleading the relevant public.

The related expenses total 735,100 yuan.

In addition, the parties involved did not obtain a business license in accordance with the law to engage in business activities, and also violated the prohibition on unlicensed business operations.

  Legal basis and punishment: The party’s behavior violated the provisions of Article 8 Paragraph 2 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and a fine of 200,000 yuan was imposed.

  Case 6: Yunti Information Technology Co., Ltd., Foshan City, Guangdong Province hired "hands" to help "swipe orders and speculate letters"

  Basic case: the parties involved in the production, operation and maintenance of the online store related services.

In order to attract customers (online shop operators), the parties concerned provide customers with the service of advance payment for purchase orders free of charge.

According to the customer's needs, contact "Swipe" to place an order at the customer's store, and then advance the order amount to "Swipe" through transfer.

After the order transaction is completed, the parties transfer the commission to the "hand brush", and then recover the advance order amount and commission from the customer.

From April to December 2020, a total of 121 orders were paid for payment, and the total order amount and commissions were 35,600 yuan.

  Legal basis and punishment: The party’s behavior violated the provisions of Article 8 Paragraph 2 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and a fine of 50,000 yuan was imposed.

  Case 7: Maitao E-commerce Co., Ltd. in Foshan City, Guangdong Province commissioned a billing company to "swipe bills and speculate letters"

  Basic facts: The parties opened and operated an "edon flagship store" on the "Tmall" platform.

From June 2020, in order to improve the ranking of online store sales, from August 1, 2020 to January 31, 2021, from August 1, 2020 to January 31, 2021. Sales volume, etc.

The parties involved a total of 165 fictitious transactions, with a total fictitious transaction amount of 19,200 yuan.

  Legal basis and punishment: The party’s behavior violated Article 8 Paragraph 1 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and imposed a fine of 25,000 yuan.

3. Organize employees, relatives and friends and other acquaintances to "swipe orders and speculate letters."

The essence of the so-called "swiping orders and speculating letters" is fraud, that is, using fraudulent means to make your data "good-looking" in terms of clicking, reading, watching, and consuming, misleading the market, inducing consumption, and maximizing self-interest.

According to different subjects who implement the behavior of "swiping orders and speculating letters", it can be roughly divided into two types: "self-swiping" and organizing others to swipe orders.

The most typical method of "self-checking" is to organize employees, relatives and friends and other acquaintances to check orders, fictional product sales status, user evaluation and other information.

At present, "swiping orders to speculate letters" has become a "tumor" in the market, and we must attack the "scaling orders to speculate letters" severely and severely.

  Case 8: Fictional product downloads of Xiamen Hanmei Intercommunication (Xiamen) Technology Co., Ltd. in Xiamen City, Fujian Province

  Basic facts: Between July 2019 and January 2020, the parties arranged for company employees to search for and purchase downloads of their own font products on the APP application download platforms of Huawei, OPPO, and VIVO mobile phones, and deceive the sales status of fictitious products, etc. Misleading the relevant public.

The amount involved in the case totaled 2,966,700 yuan.

  Legal basis and punishment: The party’s behavior violated the provisions of Article 8 Paragraph 1 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and imposed a fine of 250,000 yuan.

  Case 9: Shenzhen Kumei Media Co., Ltd. used acquaintances to "swipe orders and speculate letters"

  Basic facts: There are two illegal acts by the parties. One is that the propaganda parameters of the "Xiaomi Bay 2020 New Tablet PC 12-inch" operated by the parties are: a 12-inch screen, a battery capacity of 15000mAh, a front camera with 16 million pixels, and a rear camera with 32 million pixels; The actual parameters are: a 10-inch screen, a battery capacity of 5000mAh, a front camera with 2 million pixels, and a rear camera with 5 million pixels.

The parties make false commercial propaganda on the performance of their products to deceive and mislead consumers.

Second, the parties involved organized acquaintances to scan orders falsely to increase sales.

The investigation found that the parties’ purchase receipts and order details showed that the parties’ actual purchase volume, sales volume, and sales volume were seriously inconsistent with the sales volume “15,000+” displayed in the Tmall store promotion month.

After investigation, the parties admitted that their sales volume on the platform was realized by swiping orders.

The parties involved organize employees and relatives and friends to help place the order, but the actual shipment is not delivered. After the process is over, they will be refunded through other channels, and an order commission of 17 yuan/order will be given.

The parties make false commercial propaganda on the sales status of their products, deceiving and misleading the relevant public.

  Legal basis and punishment: The party’s behavior violated Article 8 Paragraph 1 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and a fine of 50,000 yuan was imposed.

  Case 10: Jiangsu Suzhou Yixuan Junling Electronic Commerce Co., Ltd. fabricated the delivery address "swiping orders and speculating letters"

  Basic facts: The parties opened a store called "Romon Jubaobao Flagship Store" on JD.com to sell clothing.

Beginning in May 2020, the parties involved purchased multiple JD accounts through a certain platform, and company employees used these accounts to purchase products in the store to swipe orders.

The above order is delivered by JD Logistics according to the false address set in the account and the buyer's phone number. The courier can not be delivered to the false address and then immediately contact the buyer (actually a company employee) and deliver it to the actual business premises as required.

The parties used the above methods to brush a total of 6,254 orders, with a total amount of 2.178 million yuan.

  Legal basis and punishment: The party’s behavior violated Article 8 Paragraph 1 of the Anti-Unfair Competition Law. According to Article 20 Paragraph 1, the party was ordered to stop the illegal act and a fine of 50,000 yuan was imposed.

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