Another trick!
Anchor induces off-site orders to "run off"
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With the continuous escalation of Internet transactions, the live-streaming sales model has risen rapidly.
At the same time, its exaggerated propaganda, inducing over-the-counter transactions, counterfeiting and inferior products, and difficulties in after-sales service protection have become increasingly prominent.
A few days ago, Changchun consumer Wang Li (pseudonym) under the guidance of the staff of a short video platform in a live broadcast room, WeChat scanned the QR code and paid 669 yuan to buy the product. Because the after-sales did not reach an agreement, the seller directly blocked WeChat to play "run away."
With the continuous escalation of Internet transactions, the live-streaming sales model has risen rapidly.
At the same time, its exaggerated propaganda, inducing over-the-counter transactions, counterfeiting and inferior products, and difficulties in after-sales service protection have become increasingly prominent.
Zhong Ping, secretary-general of the Changchun Consumers Association, reminded that consumers should not choose off-exchange transactions when shopping through live broadcasts, and should always be alert to the host's inducing content to avoid unnecessary losses.
Turning live shopping to WeChat payment, after-sales service encounters problems
On February 16, Wang Li saw a favorite down jacket in a live broadcast room on a short video platform. After contacting customer service, the other party told her that it would not be shipped during the Chinese New Year period. However, you can add WeChat and place an order through WeChat. It can also be arranged to ship in advance.
Therefore, Wang Li paid 669 yuan through WeChat scan code according to the guidance of the staff.
"When I received the clothes, I was particularly shocked and angry. Not to mention that the actual fabrics of the clothes are completely different from the ones shown in the live broadcast room. There are still a lot of oil stains, oil pen lines and footprints on them, which are basically old clothes that have been worn. Then I I contacted the customer service through WeChat several times, and their response was very late. First, they bluntly stated that the clothes would not be returned or changed, and then they said that they could find a way to find me another one and let me send the one I received." Wang Li said .
Wang Li wants to return the product directly for a refund, because the other party said that there is only one piece of this dress at the time of purchase. She thinks that the weather will soon become warmer and the factory cannot produce a new down jacket separately. However, the customer service has never responded to the message. .
On February 24, the customer service suddenly sent a WeChat message to tell Wang Li that he had re-mailed one for him, which was requested directly from the manufacturer.
"Even the mailing address is the same as when it was shipped for the first time, so I doubt that the newly-issued clothes were returned and washed again. How dare you!" Wang Li said, she repeatedly asked for a refund. The other party seemed to have disappeared, and there was no more news. After the courier arrived, she could only choose to reject it.
Later, Wang Li tried several times to contact the short video platform and the store's customer service. The former only made a call once, and the latter asked her to add another customer service's WeChat account.
Wang Li sent a screenshot of the transaction according to her request. The other party only responded that the clothes had arrived, and her WeChat and phone numbers were blocked.
In desperation, Wang Li successively called the police to Changchun and the location of the shop for help. After many setbacks, she found the Changchun Consumers Association.
After receiving the complaint, the Changchun Consumers Association got in touch with the short video platform and verified that there are shops in the live broadcast room mentioned by Wang Li on its platform, but because consumers and shop customer service are private transactions conducted off-site, the platform does not control it. Its consumption record.
Finally, with the joint efforts of the relevant persons in charge of the Consumers Association and the short video platform, Wang Li got back 699 yuan for the clothes purchase.
Wang Li told reporters that as an online shopping enthusiast, this is the first time she has encountered such a difficult after-sales service.
She said she had been bitten by a snake for ten years and was afraid of well ropes. Since then, she has never bought anything through the live broadcast room of the short video platform.
How to divide responsibilities for over-the-counter transactions
Wang Li's shopping experience is a typical online live telemarketing transaction.
In simple terms, this type of transaction means that the anchor directly or indirectly guides consumers to transfer to social software platforms such as WeChat other than the original live webcast e-commerce platform through language, text, graphics, animation, and actions in the live broadcast room. transaction.
"In this case, the consumer and the anchor did not trade through the shopping link of the short video platform, but established a sales contract through WeChat transfer. The brand store involved is not the counterparty of the contract, so there is no transaction between the consumer and the brand store involved. At the same time, the short video platform is not a party to a sales contract or a service contract, nor is it an intermediary or a lessor. Although consumers see goods through a live broadcast room on the platform, they have not traded on the platform, so No right to request the platform to bear the responsibility for refunds." Zhong Ping said.
Zhong Ping told reporters that under this transaction mode, product quality and after-sales service are not guaranteed, and consumers are prone to problems such as difficulty in providing evidence and identification of the subject when defending their rights.
According to reports, when consumer Wang was watching Xu's live broadcast, he induced to add an anchor WeChat and transferred more than 4,000 yuan to buy a certain mobile phone. After receiving the goods, he found it was a counterfeit phone and was blocked by the other party when he asked for a refund.
Wang sued the anchor and the live broadcast platform to the Beijing Internet Court, demanding that Xu "refund one compensation and three compensations" on the grounds of fraud, and demanded that Xu and the live broadcast platform jointly bear reasonable expenses for safeguarding rights.
During the trial, Xu said that he was not an operator and should not be liable for three times the compensation, but he was willing to refund Wang's purchase cost.
The live broadcast platform believes that the platform prohibits private transactions and cannot supervise off-site behavior. After the incident, the platform handled it in a timely manner. Xu's account has been blocked and Wang's loss has nothing to do with the platform.
After trial, the court determined that Xu's behavior constituted fraud, and he should "refund one compensation for three" to Wang and compensate him for reasonable expenses. The live broadcast platform operator, as a network service provider, has fulfilled the corresponding legal obligations and is not responsible.
"It is recommended that consumers who like to make purchases through live webcasts should not believe that the anchors and service personnel use various narratives to request private WeChat transfers or provide payment links and other over-the-counter transaction requirements, and must choose to place orders within the online platform link. Avoid problems such as WeChat hacking, the inability to find the responsible person, and the lack of evidence when defending rights." Zhong Ping said, if the anchor is found to induce off-exchange transactions, the relevant evidence can be saved in time by means of screenshots, videos, etc., and timely report Online live broadcast e-commerce platform complaints and reports.
New regulations are introduced to put on a "tightening curse" for live broadcast marketing
Before the "Double Eleven" last year, the China Consumers Association carried out the "Study on the Types of Webcasts Violating Consumers' Rights and Interests", summarizing false propaganda, difficult returns and exchanges, selling prohibited products, using "special shooting links" to mislead consumers, and to induce markets. Seven types of online live broadcast sales, including foreign transactions, abuse of limit words, and illegal live broadcast content, are infringing on consumers.
"The problem of live streaming to induce transactions is prominent. Some anchors exaggerate when promoting products. It is difficult for consumers to know and distinguish the authenticity of the products. When they find that there are problems with the purchased products, it is more difficult to defend their rights." Zhong Ping said.
In response to the frequent occurrence of chaotic images in live broadcasts, relevant departments are also intensively introducing industry regulations.
For example, in June 2020, the China Advertising Association issued the "Code of Conduct for Online Live Marketing", which became the first national regulation for the live broadcast e-commerce industry.
In November 2020, the State Administration for Market Regulation issued the "Guiding Opinions on Strengthening the Supervision of Live Webcast Marketing Activities", putting forward targeted regulatory opinions on e-commerce webcast marketing activities.
On May 25, the "Administrative Measures for Webcast Marketing (Trial)" jointly issued by the State Internet Information Office, the Ministry of Public Security and other 7 departments was formally implemented.
The "Measures" make detailed provisions on the relevant security assessments, filing permits, identity authentication and dynamic verification of live marketing platforms, identification and disposal of high-risk and illegal behaviors, new technologies and risk prevention of jump services, including not publishing false or inviting Misunderstood information shall not deceive or mislead users, shall not fabricate or tamper with data such as transactions, traffic, and know that other people or products have violations or high-risk behaviors, and still promote or divert traffic for them are also prohibited.
Liu Shanshan
Liu Shanshan