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Where can I complain about the false propaganda of Tmall Store?
You can ask Taobao to provide seller information, otherwise you can complain or sue Taobao.
According to the Measures for Handling Consumer Complaints by the Administration for Industry and Commerce, the process of accepting complaints by the industrial and commercial departments is as follows:
(1) Consumer complaints: Consumers complain to the administrative department for industry and commerce by letter, fax, SMS, e-mail, 123 15 website or go to the industrial and commercial department to explain the contents and reasons of the complaint;
(2) Acceptance of complaints by the industrial and commercial departments: if the consumer complaints meet the requirements, the staff of the industrial and commercial administrative departments shall accept the complaints and record relevant information within seven working days;
(3) If the consumer parties agree to mediation within 60 days, the administrative department for industry and commerce shall organize mediation and inform the parties of the time, place and mediator of mediation. After the parties reach a mediation, the administrative department for industry and commerce shall make a mediation document and file it.
According to Article 44 of People's Republic of China (PRC) Consumer Protection Law:
Consumers who purchase goods or receive services through online trading platforms may claim compensation from sellers or service providers if their legitimate rights and interests are damaged.
If the online trading platform provider cannot provide the real name, address and effective contact information of the seller or service provider, consumers may also demand compensation from the online trading platform provider; If the online trading platform provider makes a promise that is more beneficial to consumers, it shall fulfill the promise. After compensation, the online trading platform provider has the right to recover from the seller or service provider.
Second, the difference between false propaganda and fraud
(1) False propaganda refers to the behavior of business operators who use advertisements or other methods to make false propaganda of goods or services that is inconsistent with the actual content, resulting in misunderstanding of customers or consumers. Fraud refers to deliberate behavior aimed at misleading people. One party expresses his will because of others' intentional false statements and cognitive errors, which constitutes a civil act of fraud.
(2) The objects of false propaganda and fraud are different. The former infringes on the advertising market management system and the legitimate rights and interests of unspecified consumers, while the latter infringes on the ownership of public and private property.
(3) False propaganda and fraud are objectively different. The former is a concrete means to make false propaganda by advertising, while the latter is a deception method to conceal the truth and fabricate facts;
(4) The subjects of false propaganda and fraud are different. The former is the advertiser, advertising agent and publisher, while the latter is the general subject.
3. What is the legal responsibility of false propaganda?
(a) the legal responsibility of the operator (advertiser). Paragraph 1 of Article 24 of the Anti-Unfair Competition Law stipulates that if an operator uses advertisements or other methods to make misleading false advertisements for goods, the supervision and inspection department shall order him to stop the illegal act and eliminate the influence, and may impose a fine of 1 10,000 yuan to 200,000 yuan according to the circumstances.
(two) the legal responsibility of advertising operators. Paragraph 2 of Article 24 of the Anti-Unfair Competition Law stipulates that if an advertising operator acts as an agent, designs, produces or publishes a false advertisement that he knows or should know, the supervision and inspection department shall order him to stop the illegal act, confiscate his illegal income and impose a fine according to law. The fine stipulated in Article 37 of the Advertising Law refers to a fine of more than/kloc-0 and less than 5 times the advertising fee. If the circumstances are serious, you can stop its advertising business; If a crime is constituted, criminal responsibility shall be investigated according to law.
(3) Joint and several liability. Article 38 of the Advertising Law stipulates that advertisers who publish false advertisements to deceive or mislead consumers and harm their legitimate rights and interests shall bear civil liability. Advertising agents and publishers who cannot provide the real name and address of advertisers shall bear all civil liabilities.
The above is the detailed information about where to complain about the false propaganda of Tmall stores. To sum up, I remind you that, generally speaking, false propaganda refers to the false propaganda of goods or services by operators using advertisements or other methods, which leads to misunderstanding of customers or consumers.
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