Deliberately create "problem takeaway" claims; frequently use the refund mechanism to return orders; constantly register new users to get benefits...
Can the platform use the fuse mechanism to plug the loopholes of "wool wool"
Our reporter Qu Xinyue
"Worker's Daily" (version 06 on December 09, 2021)
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In order to attract users, many new business platform companies have introduced rules such as first order discounts for new users, fast refunds for unsatisfactory arrivals, and first-use-after-pay for taxi-hailing software. However, some users maliciously exploited these rules loopholes to "grow wool" and even deliberately collect money. crime.
Created 115 orders for "problem takeaway" malicious claims; used "Quick Refund" to return more than 3,000 orders in large quantities; "Wool" for new user benefits received more than 30,000 yuan...
New users first order discounts, unsatisfactory fast refunds on arrivals, taxi-hailing software first use and pay later... Recently, police in many places have uncovered cases in which users maliciously exploited loopholes in these platform rules to "whole wool" to constitute fraud.
The lawyer stated that the principle of good faith requires all market participants to pursue their own interests without harming the interests of others and social welfare.
In some new business models, consumers may benefit from the malicious "sweeping of wool" behavior, but this is not only detrimental to the sound development of new business models. In the long run, consumers will also suffer dishonest backlash and even constitute crimes.
Platform convenience rules become a means of making money
Some takeaway platforms will cooperate with insurance companies to formulate speedy compensation rules. Once users eat "problematic takeaway", they can upload relevant certificates in the App and submit a claim application.
Depending on the reason for the claim, the user can get the result of the claim within as little as 1 hour.
However, some people used the take-away platform's fast compensation rules to deceive. The Jianghan District Court of Wuhan City, Hubei Province recently pronounced such a case.
After the defendant Ruan took the order through the takeaway platform, he made false pictures of foreign objects in the food, and applied for compensation to the platform on the grounds of food hygiene issues to obtain compensation.
Within 6 months, Ruan used multiple accounts to make malicious claims from the platform for 115 orders, with a total amount of nearly 20,000 yuan.
Coincidentally.
In a case investigated by the Jiangxi Yongfeng police this year, Xie found that an online shopping platform had a service promise of "fast refund".
Taking advantage of the loopholes in this rule, Xie and Zhang first bought the goods on the platform in large quantities. After receiving the goods, they applied for refunds and non-returns on the platform for reasons such as the expiry date of the goods, damaged packaging, and delivery of the wrong goods, and then transferred the goods that had been received Sell.
The two used this method to apply for more than 3,000 refunds, with a cumulative amount of more than 200,000 yuan.
In many e-commerce platforms, providing coupons to new users is also a common means of pulling new ones.
In August of this year, the Nantong police in Jiangsu cracked a case of using the benefits of new users on the e-commerce platform to "grow wool".
Yuan Mou registered a new user on the e-commerce platform, and then obtained coupons and red envelopes on the account.
Although the amount of a red envelope is only about 10 yuan, Yuan Mou adopts the method of accumulating less and making more, and collects a total of more than 30,000 yuan on the platform.
The reporter also found that on platforms such as online ride-hailing and bicycle sharing, some users evade orders by using the platform's "use first, pay later" mechanism.
Some passengers will register for multiple ride-hailing apps, and they will no longer use the account after escaping the ticket.
There are also passengers who purchased multiple virtual numbers to register for taxis, thus evading their tickets many times, and subsequently faced difficulties in retrieving the fare.
Is the business "can't afford to play" or the user "plays off"
"The rules are set by the merchants, can they not afford it?" "There are loopholes in the platform, how can consumers be held accountable?" "There are so many people who'whole wool', just don't'play off'"... reporter In the interview, it was found that some consumers were puzzled by the punishment for exploiting the loopholes in the platform rules to "sweep wool".
In recent years, using the loopholes of e-commerce to swipe red envelopes or swipe orders on a large scale has gradually developed a complete and mature industrial chain.
Among them, there is no lack of black and gray production gangs that use technical means to make unfair profits.
Zhang Tao, a partner of Beijing DeHeng Law Firm and director of the Network and Data Research Center, said that the behavior of the platform issuing coupons is an offer in nature, and the behavior of users receiving coupons is a promise. Unless there are other special agreements or special provisions of the law, the gift contract is established, and the user obtains the coupon and can use it in accordance with the requirements of the coupon.
As for whether the user's "wool" behavior is illegal, Zhang Tao believes that it needs to be analyzed in detail according to different situations.
"First of all, it depends on whether the consumer's behavior is benign or malicious. As far as the'wool party' is concerned, if you normally use the platform's preferential promotion information to place an order and purchase it in accordance with the merchant's preferential policies, it is a legal and legitimate transaction. , Its transactions are protected by law. At the same time, even if one person obtains multiple coupons according to platform promotions or within the scope of the rules, it is normal. However, if it is to use technical loopholes or other illegal technical means to maliciously obtain benefits or When taking cash profits, it may constitute improper gains or other illegal activities, and if the circumstances are serious, criminal offences may also be involved." Zhang Tao also said that if the coupons are received by well-intentioned consumers and set up on the platform or merchants themselves For transactions within the scope of the preferential rules, from the perspective of protecting the legitimate rights and interests of consumers, the reasonable use of flaws or loopholes in the rules by consumers should often not be regarded as unreasonable, and the platform operators themselves should "pay the bill."
The sound development of new business formats calls for integrity
In May of this year, a “wool wool” fraud case publicly pronounced by the People’s Court of Xuhui District in Shanghai caused widespread concern.
In the case, Xu Mou, a college student at school, used a technical loophole discovered when placing an order on the KFC client to sell the swindled package products to others through online trading software at a low price, thereby making illegal profits.
At the same time, Xu also taught the crime method to Ding and other four students in person or through the Internet.
The court sentenced Xu to the crime of fraud and teaching criminal methods and sentenced him to 2 years and 6 months in prison and fined him 6,000 yuan.
In May of this year, the relevant person in charge of the Supreme Law stated that in response to the irregular development of the emerging Internet industry and the issue of legal borders, it will strengthen the protection of the market's fair competition order, and severely crack down on Internet fraud, credit, identity theft, and "fleece". Network gray industry.
"The principle of good faith requires all market participants to pursue their own interests without harming the interests of others and social welfare. Consumers who violate the principle of good faith in transactions will inevitably damage the normal market transaction order." Shaanxi Xuegao Law Firm Lawyer Liu Jing said that in some new business models, consumers may benefit from malicious "sweeping of wool" behavior, but this is not only detrimental to the sound development of new business models. In the long run, consumers will also suffer dishonest backlash and even constitute crimes. .
"Consumers' violation of the principle of good faith in transactions will harm the interests of merchants, and may also cause merchants to be more cautious in planning certain discounts and profit-sharing activities. Therefore, it may indirectly reduce regulations and discounts that are beneficial to consumers. Space." Zhao Zhanzhu, deputy director of Beijing Yunjia Law Firm and a researcher at the Intellectual Property Center of China University of Political Science and Law, believes that some malicious "wool" behaviors often have low illegal costs, and users can continue to do so by constantly changing new numbers. Improper profit making.
Zhang Tao suggested that e-commerce platforms should address the causes of related vulnerabilities, prescribe the right remedy, and establish a fuse compliance mechanism to ensure system and network security.
"If the transaction is obviously unfair, and the merchant advocates the cancellation of the contract, and the transaction conducted by the consumer based on the trust of the merchant causes losses to the consumer, the consumer also has the right to claim the corresponding loss."