Brief introduction of case
Law enforcement officers of Wenling Industrial and Commercial Bureau conducted an on-site inspection of an automobile service company. It was found at the scene that the automobile service company did not inform the customer of the actual oil consumption when the actual oil consumption of some vehicles was less than the whole bottle. Instead, it settled the expenses with the whole bottle, recovered the excess oil, assembled it into the whole bottle and put it in storage for resale as a new product.
Case review
In this case, when the actual amount of engine oil used to replace the whole bottle is less than the whole bottle, the party concerned should have settled the expenses with the consumer according to the actual amount of engine oil used, but failed to inform the consumer of the real information, and charged the consumer on the basis of the amount of engine oil used in the whole bottle. This is an illegal act of falsely reporting employment materials and should bear corresponding legal responsibilities according to law.
Second, the "thousand gold" gold is insufficient for consumption complaints "one loses three"
Brief introduction of case
In April of 20 14, Ms. Chen, a consumer, spent 4908 yuan in a jewelry store in Linhai, Taizhou, and bought a pair of thousands of gold bracelets, only to find that she bought gold jewelry instead of thousands of gold jewelry. After failing to negotiate with the store, Ms. Chen complained to Linhai 123 15 Center. After testing by legal institutions, the identification result is pure gold with a gold content of 99.00%, not pure gold with a gold content of 99.9%.
Case review
In this case, the jewelry store's false propaganda and shoddy sales are typical consumer fraud, which infringes on consumers' right to know and fair trade, misleads consumers' purchase intention and disrupts the normal market order. For this kind of consumer fraud, in accordance with the provisions of the New Consumer Law, increase punitive damages; Start "case transfer" to safeguard the legitimate rights and interests of consumers with administrative rigidity.
Third, the first case of infringing personal information in violation of the new consumer law in the province
Brief introduction of case
On March 20 17 14, law enforcement officers of Hangzhou Administration for Industry and Commerce found some owners on the site when they conducted an on-site inspection on the business site of a home improvement company in Hangzhou.
Further investigation found that in order to promote the company's home improvement business and improve the company's performance, the company's salesman collected a list of some owners who have sold a real estate from friends in the market circle, including the owner's name, the floor number they bought, and the contact number. , and the owner list information obtained by this party has not been approved or authorized by the owner.
Case review
At present, the abuse of consumers' personal information is becoming more and more serious, and violations of consumers' personal information occur from time to time. In this case, the parties involved in the case improperly collected the owner list information without the consent or authorization of consumers, which violated the provisions of Article 29 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, and belonged to the illegal act of operators infringing on consumers' personal information.
4. Cases of colluding with designers to punish cabinet enterprises for taking kickbacks.
Brief introduction of case
In April of 20 14, Jinhua Industrial and Commercial Bureau launched a special campaign to protect consumers' rights and interests in the field of home improvement services and home building materials, and found that a furniture store in the urban area was engaged in cabinet sales, and in order to expand market share, it colluded with designers of design companies to induce consumption.
Case review
In the case, some home improvement enterprises colluded with designers of design companies to sell goods by means of money and goods, expand market share, and designers induced consumption, which directly affected consumers' free choice and shopping costs. This phenomenon once became the hidden rule of the home improvement service industry.
Verb (abbreviation of verb) Wechat was punished for falsely promoting fruit shops.
Brief introduction of case
20 14 12 in order to attract popularity, a fruit chain retail enterprise in Shaoxing released an advertisement of "Crazy Cherry" through WeChat platform and other publicity methods. According to its content, as long as anyone completes "downloading the active APP client, clicking I want to share, accumulating 29 likes", they can buy this black cherry at a preferential price.
This advertisement attracted thousands of participants. However, when consumers who have completed the three steps of "gathering praise for gifts" go to the company headquarters and want to buy cherries at the promised preferential price, they are told that they must buy a certain amount of prepaid cards as a prerequisite.
Case review
Wechat advertising and selling goods in WeChat circle of friends is a new thing. "Gathering praise and giving gifts" is a reward advertisement issued to unspecified people.
According to Article 15 of the Contract Law, commercial advertisements are invitations to offer. If the content of a commercial advertisement conforms to the provisions of the offer, it shall be regarded as an offer. In the process of performance, operators induce consumers to conclude contracts by concealing facts and setting conditions, which constitutes a breach of contract and should be punished according to law.
Legal system China-Zhejiang Industry and Commerce released ten typical cases of investigating and dealing with violations of consumer rights and interests