"Double 11" quilt routine?
How to protect the rights and interests of the "final payment person"
The arrival of "Double 11" was accompanied by the "bombing" of promotional text messages from businesses overwhelmingly.
A reporter from China Youth Daily and China Youth Daily learned in a random interview recently that many online shopping consumers have received marketing text messages from merchants. Some consumers reluctantly said, "Delete them all directly."
The annual "Double 11" has become an annual event in the e-commerce industry, and many consumer rights protection issues follow: What should I do if I encounter the "bombing" of promotional text messages?
Is the behavior of merchants in inducing consumers to fabricate praises illegally?
How to protect the rights and interests of the "finance person"... Recently, the reporter invited relevant experts and scholars to help consumers clear away "thunders" and avoid "pits."
Inducing consumers to make false comments in violation of the Advertising Law
"Dear, please confirm the receipt of the goods, please have a five-star praise + a picture + a 15-character evaluation, please pick me up and get a red envelope." The first wave of "Double 11" promotion on an e-commerce platform is nearing the end. Ms. He from Beijing has gained a lot, but some "Silent", various merchants' praise rebates and marketing messages flooded in. "In the past week, I received more than 60 merchants' text messages, and some even called me directly to give me praise."
"The'bombing' of business promotion text messages has touched the personal information of citizens." Yang Lixin, a professor at the School of Law of Renmin University of China, said that the personal information protection law that came into effect on November 1 stipulates that the handling of personal information should be legal, legitimate, necessary and honest. In principle, if the personal information of consumers is excessively used, it will constitute infringement.
Consumers can save evidence and call the "12321" Internet Bad and Spam Report Acceptance Center hotline to complain and report.
Ms. Ho's experience is by no means an individual case.
A week ago, the Guangdong Consumer Committee organized an online shopping survey activity. The results showed that 600 online sales were purchased on Taobao, Tmall, JD, Pinduoduo, Vipshop, Douyin, Kuaishou and other online sales platforms. Among the products, 85 samples are accompanied by "comfortable cashback cards", which induce consumers to make non-objective evaluations of the products through cashback, red envelopes, card coupons and other methods.
"A mobile phone tempered film with an actual payment of 39 yuan will return a 10 yuan red envelope after the request is'praised'. Isn't this inducing consumers to fool others?" Ms. He told reporters that she chose the left and right when shopping for the product. Choose, look at this high-sales, well-received order only, "Unexpectedly, I still entered the "pit" of good reviews."
"Inducing consumers to make false evaluations is evaluation distortion." Hu Gang, deputy secretary-general of the Internet Rule of Law Committee of the Internet Society of China, pointed out that, like false transactions and fraudulent transactions, false evaluations are illegal acts of unfair competition and violate honesty and credibility. The market principle of China violates important legal rights such as consumers’ right to know and fair trading rights.
Hu Gang analyzed that behaviors suspected of infringing consumers' right to know, such as giving priority to high-quality evaluations by default, confusing other product evaluations in stores with current product evaluations, and counting non-evaluations as default praise, are all evaluation distortions.
The Anti-Unfair Competition Law stipulates that business operators shall not make false or misleading commercial propaganda on the performance, function, quality, sales status, user evaluation, honors, etc. of their products to deceive or mislead consumers.
Hu Gang emphasized that the essence of praise rebate is advertising.
The Advertising Law stipulates that advertisements published through the mass media should be clearly marked with "advertising" to distinguish them from other non-advertising information and not to misunderstand consumers.
Otherwise, it should be investigated and dealt with in accordance with the Advertising Law.
Platform marketing routines are hard to break the "final money person"
Just after midnight on November 1, the post-90s "final money person" Tongtong took out paper and pen, combined the 27 items in the shopping cart with 6 payment methods, and tried how to get the best price for settlement.
"Pay the deposit and get 50 off, and you can get half price when you place an order 1 hour before, 100 off for the exclusive coupon in the live broadcast room, 30 off for every 200 cross-stores, 300 off for the actual payment of 3800..." At 1:47 late at night, Tongtong hurriedly paid. Double 11" the first wave of the final product.
"The complicated rules of the platform are really hard to break the'final money person', who dare not shop without a little knowledge of Mathematical Olympiad."
"A meal is as fierce as a tiger, and the final price is 1.5 cents." Two days later, Tongtong discovered that the "lowest price in history" product he had purchased had also dropped in price.
The reporter's investigation found that in recent years, marketing routines such as false bidding of the original price, bright decline and dark rise, and first rise and then fall have been repeatedly banned.
According to the 2020 "Double 11" consumer complaint data report jointly released by the Sina Black Cat Complaint Platform and the Wei Hotspot Big Data Research Institute, during the "Double 11" period in 2020, 32.4% of consumers complained about rights protection businesses increased first and then decreased. There are many "routines" and the highest proportion.
The act of falsely bidding the original price directly violates the price law and the original State Development Planning Commission’s administrative penalty for price violations issued and implemented on August 1, 1999. It is a price violation and should bear the responsibility for administrative penalties in accordance with the law.
Hu Gang believes that “to conceal the truth is to conceal, and false notification is to deceive.” To judge whether the other party is fraudulent, it depends on whether there is concealment or fraud that misleads consumers.
Yang Lixin pointed out that merchants constitute fraud, and consumers can request a "refund of one for three."
The Consumer Rights Protection Law stipulates that if a business operator commits fraudulent acts in providing goods or services, he shall increase compensation for the losses suffered by consumers in accordance with the requirements of consumers. If the amount of compensation is less than 500 yuan, it is 500 yuan.
If the law provides otherwise, follow those provisions.
If it is a food product, producing food that does not meet food safety standards or operating foods that do not meet food safety standards, consumers can also demand 10 times the price or loss from the producer or operator in addition to claiming compensation for losses. Times the compensation.
How to distinguish the word game of "deposit" and "deposit"
In random interviews, many “payers” reported to reporters that “the platform’s pre-sale agreement is too overbearing.” Hu Gang reminded consumers to be clear about the difference between “deposit” and “deposit” to avoid unnecessary property losses .
Hu Gang pointed out that the deposit is different from the deposit. The deposit has the meaning of guarantee, and it shall not exceed 20% of the total price of the goods.
The Civil Code stipulates that if the party who pays the deposit fails to perform the debt or the performance of the debt does not meet the agreement, so that the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; if the party receiving the deposit fails to perform the debt or the performance of the debt does not meet the agreement, so that the purpose of the contract cannot be achieved, The deposit should be doubled back.
"During the transaction, if the consumer regrets, the deposit will not be refunded. However, if the merchant cannot complete the transaction for reasons or has behavior that is inconsistent with the publicity promise, price fraud is involved. Consumers can request the merchant to refund the difference or double the deposit "Hu Gang said.
The deposit refers to the advance payment for goods, not a legal concept.
When the transaction is successful, the deposit serves as the payment for the goods, and when the transaction fails, the deposit shall be refunded in full.
"To condone lawbreakers is a detriment to the order of social transactions." Yang Lixin said that consumers should buy on demand, avoid impulsive consumption, and pay attention to sales promotion rules and beware of price traps.
In the event of a dispute, you should retain relevant vouchers such as order information, WeChat or SMS, phone chat records, and screenshots of promotional offers, and report and claim compensation to e-commerce platforms, consumer associations or local market supervision departments.
Our newspaper, Beijing, November 11th
China Youth Daily · China Youth Daily, trainee reporter Han Shao, reporter Xian Oujie Source: China Youth Daily