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Can I get compensation for responding to complaints and praise?
You can ask for cash back compensation. Generally speaking, the compensation amount of favorable cash back will not exceed 50% of the original price of the purchased goods. For example, if the price of the purchased goods is 100 yuan, you can apply for the highest cash back compensation from 50 yuan. In violation of Article 8 1 of the Anti-Unfair Competition Law, it is a fraudulent act against consumers to distort the authenticity of goods by returning favorable comments. Therefore, according to Article 55 of the Consumer Protection Law, if the compensation is three times and less than 500, the compensation shall be made according to the minimum standard of 500.
Improper marketing behaviors such as returning favorable comments not only violate national laws and regulations, but also infringe on consumers' right to know and fair trade. The Law on the Protection of Consumers' Rights and Interests stipulates that consumers have the right to know the true situation of the goods they buy or use or the services they receive; The Anti-Unfair Competition Law stipulates that operators shall not make false or misleading commercial propaganda on the performance, function, quality, sales status, user evaluation and honor of their products to deceive and mislead consumers; The "Electronic Commerce Law" more clearly stipulates that e-commerce operators shall not make false or misleading commercial propaganda to deceive and mislead consumers by means of fictitious transactions and fabricated user evaluations.
However, nowadays, returning cash to brush praise has become a common trick of many businesses, and commodity evaluation has lost objectivity and impartiality. With the approach of "double 1 1", this survey by Guangdong Consumer Council once again exposed the seriousness of the problem. The survey results show that among the 600 samples surveyed, 85 samples are attached with discount cash back cards. Such obvious violations and infringements account for such a high proportion! It can be seen that it is necessary to strengthen the daily supervision of relevant departments and timely discover and investigate business violations. If we only rely on centralized and short-term investigation and management, I am afraid we can only treat the symptoms.
It is worth noting that the trend of "private chat" in improper marketing activities such as cash back from praise has caused no small problem to daily supervision. I am afraid that many consumers have had this experience: get a takeaway and attach a small card: "Dear, scan the code and add WeChat, and praise the screenshot to cash back." The praise that Ms. Li came into contact with in her last article was also carried out through private letters and short messages. This kind of "private chat" improper marketing is often not reflected on the official page of e-commerce, which greatly increases the difficulty of discovery and investigation. Therefore, it should be a practical and effective solution to encourage consumers to report and give certain rewards after verification. The Guangdong Consumer Council suggested that consumers can call 12345, 123 15 or log on to the Consumer Council official website to lodge a complaint.
To sum up, cashback of praise violates consumers' right to know, the market principle of honesty and credit, and consumers' legal rights, so it is considered as unfair competition. Generally speaking, the compensation amount for favorable cashback will not exceed 50% of the original price of the purchased goods. For example, if the price of the purchased goods is 100 yuan, you can apply for the highest cash back compensation from 50 yuan. In violation of Article 8 1 of the Anti-Unfair Competition Law, it is a fraudulent act against consumers to distort the authenticity of goods by returning favorable comments. Therefore, according to Article 55 of the Consumer Protection Law, if the compensation is three times and less than 500, the compensation shall be made according to the minimum standard of 500.
Legal basis:
Article 8 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests
Consumers have the right to know the real situation of the goods they buy or use or the services they receive.
Consumers have the right to require business operators to provide prices, places of origin, producers, uses, performance, specifications, grades, main ingredients, production dates, expiration dates, inspection certificates, instructions for use, after-sales services or the contents, specifications and expenses of services, etc. according to different conditions of goods or services.
Article 8 of People's Republic of China (PRC) Anti-Unfair Competition Law
Operators shall not make false or misleading commercial propaganda on the performance, function, quality, sales status, user evaluation and honor of their products to deceive and mislead consumers.
Operators shall not help other operators to carry out false or misleading commercial propaganda by organizing false transactions.
Article 17 of the Electronic Commerce Law of the People's Republic of China
E-commerce operators should fully, truly, accurately and timely disclose the information of goods or services to protect consumers' right to know and choose. E-commerce operators shall not conduct false or misleading commercial propaganda, deceive or mislead consumers by fabricating transactions or user evaluation.
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