Why do some e-commerce companies know how to sell fake products?
The Jade live broadcast scam was exposed at the 3.15 party just past, which once again aroused consumers' attention to the "disaster" of live broadcasts and the sale of fake products by e-commerce.
Some online merchants exaggerate propaganda, make false promises, write "scripts", and even "righteously" know to sell fakes.
The lawyer pointed out that this is due to the low cost of counterfeiting for merchants and the high cost of consumer rights protection. It is suggested that the platform should further compact its responsibilities and the regulatory authorities should establish a coordinated supervision mechanism.
In the "Myanmar" street market, the anchors bargained hard with the "cargo owners", and the "cargo owners" compromised the price... In some emerald live broadcast rooms, the scenes of "Myanmar clothing, Burmese jade, Burmese people on the scene in Burma" were frequently staged.
Recently, CCTV's 3.15 party revealed that a certain Jade live broadcast room forged a set in an office building. The so-called shippers were all actors.
In recent years, live streaming has developed rapidly. While bringing consumers an immersive shopping experience, there are also many chaos, such as exaggerated propaganda, false promises, writing "scripts", etc. "Full of confidence".
Once consumers encounter counterfeit goods, how to protect their rights?
How to guide the healthy development of the new business format of live streaming?
Merchant sells fake regardless of price
"It was clearly said in the live broadcast that it was sterling silver silver bowls, silver chopsticks, silver spoons, and silver ingots, but the real things are not at all." Recently, Mr. Wang, a citizen of Harbin, spent 205 yuan to place an order for a set of silverware while watching the live broadcast, and received It turned out to be not sterling silver.
Mr. Wang asked the merchant, and the explanation given by the customer service was that the product was a silver-plated alloy, which was introduced on the product details page, but he avoided Mr. Wang's question about "why it said it was pure silver in the live broadcast", and asked back: "Pure silver How could this be the price?"
The reporter searched for the live broadcast room account provided by Mr. Wang, and found that the host of the account had hidden the broadcast record, and the live broadcast history review was not visible.
On the e-commerce live broadcast platform, there are many low-cost gimmicks such as "the anchor's gratitude reward price" and "soul bargaining".
The reporter searched on the consumer complaint platform with the key word "live selling fakes" and found that many consumers said that the transaction price of counterfeit and shoddy goods was much lower than the market price, and complained that "cheap is not good".
High price does not mean high quality.
Previously, the Nanjing police smashed a gang that used live broadcasts to sell counterfeit international trendy clothing.
The gang used the psychology of consumers to judge the authenticity of the price based on the price, and forged the clothing priced at tens of yuan into trendy brand products and sold them for hundreds of thousands of yuan, and the amount involved was nearly 200 million yuan.
In fact, no matter how high or low the price is, consumers are likely to fall into the trap of sellers selling fakes.
In the live broadcast, some anchors fabricate provocative stories to induce consumers to regard placing orders as "doing good deeds"; some use directional codes to introduce them, and refer to counterfeit products as aliases of international brands; some use Words such as "tail goods" and "resale" imply that the products in the live broadcast room are genuine big-name products.
Recently, the China Consumers Association released the "2021 Report on the Protection of Consumer Rights and Interests in the Field of Online Consumption", pointing out that in new e-commerce formats, such as live broadcast marketing and social software marketing, the quality defects of goods and services are more prominent.
At the same time, the results of the Consumer Rights Protection Year theme survey conducted by the China Consumers Association showed that 32.5% of the respondents believed that the “marketing and publicity link” was the most prone to unfairness, and the problem was relatively prominent.
"Fake one loses three, is there a problem with giving you four pairs?"
"Nearly 70% of the respondents expressed confidence in the overall domestic consumption environment, but consumers' trust in online business operators is lower than that of offline business operators." a result.
Zhu Wei, a member of the Expert Committee of the China Consumers Association, believes that the low risk borne by anchors is an important reason for the frequent occurrence of false propaganda.
"Many anchors have made promises of compensation that are higher than legal requirements for selling fakes, just 'talking about' and refusing to fulfill them; some big V anchors avoid risks by diverting users to other live broadcast rooms through Lianmai; some anchors frequently change numbers , close the live broadcast playback, which makes it difficult to obtain evidence.” Zhu Wei emphasized that compared with offline operations, live broadcast marketing has a wide audience and uncertainty, and the scope of consumers whose rights and interests are damaged by false propaganda is wider and must be strictly regulated.
Behind the false propaganda, some businesses know to sell fakes.
According to media reports, some consumers asked whether they were genuine when they bought shoes, and they placed an order after receiving the answer of "fake one for three", but found that the merchant had sent 4 pairs of shoes when they received the goods.
In this regard, the merchant said "righteously": "Fake one loses three, is there any problem with giving you four pairs?"
"'Fake one compensates three for four pairs', of course there is a problem." Lawyer Hao Xudong, a partner of Beijing Xingzhu Law Firm, said that the Consumer Rights Protection Law clarifies the punitive compensation liability for the fraudulent behavior of the operators. The "compensation" here ” refers to the amount and not the same item.
From the point of view of consumers, fake one loses three is a promise to guarantee genuine products, and it is very likely that they decide to buy because of this, but the merchants secretly change the concept to avoid responsibility.
Hao Xudong believes that why merchants are "confident" to know and sell fakes, this is due to the sharp contrast between the low cost of selling fakes and the high cost of consumer rights protection.
"On the one hand, merchants sell fake money and make big profits, and they can often make huge profits with fake ones and shoddy ones. Some live broadcast teams and anchors who bring goods try to 'make quick money' and turn a blind eye to product quality control. One eye'." Hao Xudong said, "On the other hand, the relatively high cost of rights protection makes some consumers have to give up rights protection."
In addition, some industry insiders said that the activity of operators on the platform will inevitably affect the user stickiness of the platform. In order to win in the live broadcast e-commerce track, the platform has attracted a large number of merchants by lowering the entry threshold and other methods. There are still some oversights in regulation.
Judicial interpretation clarifies the responsibility of live broadcast marketing
One moment, the anchor was still trying clothes for fans in the live broadcast room, and the next moment the live broadcast was stopped abruptly when the police were arrested. Previously, a certain anchor and his team were sentenced for the crime of selling commodities with counterfeit registered trademarks.
"The anchor accumulates word-of-mouth by bringing goods. This process is also a process of endorsement of the products sold by reputation. The anchors who bring the goods should select and inspect the products they sell in a standardized manner.
On March 15, the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Internet Consumption Dispute Cases (I)" came into effect, making provisions on the application of law common in Internet consumer dispute cases.
Zhu Wei analyzed that this judicial interpretation clarifies the civil liability of online live broadcast marketing and guides the healthy development of new formats.
On the one hand, commitments that are clearly higher than the statutory compensation standards should be abided by, and operators should bear the compensation liability for their staff’s false propaganda in live broadcasts, so as to strengthen the operators’ awareness of honest business operations; If the platform cannot provide the real information of the operator of the live broadcast room, it shall perform the prepayment responsibility.
"Relevant policies are gradually changing from focusing on creating a more relaxed and flexible environment for the digital economy to emphasizing standardized and healthy development, with equal emphasis on development and supervision." Hao Xudong suggested that regulatory authorities can try to integrate and establish a collaborative supervision mechanism to achieve accurate and effective supervision; The platform should strictly review the qualifications of merchants, build channels to guide consumers to protect their rights, deal with illegal and illegal behaviors of merchants on the platform in a timely manner, and focus on purifying the online shopping environment; consumers should strengthen their awareness of evidence while enhancing consumption rationality, actively protect their rights, and avoid “dumb losses”. ".