Law

The first case of online "brushing orders and speculating on letters" public interest litigation in Sichuan won

2025-02-14   

On the 13th, it was learned from the Sichuan Provincial Commission for the Protection of Consumer Rights and Interests (hereinafter referred to as the "Sichuan Provincial Consumer Council") that the commission has filed the first civil public interest lawsuit in Sichuan against Chengdu Tiancheng Kuaikuai Information Technology Co., Ltd., which organized false consumer evaluations. The case was publicly tried by the Chengdu Railway Transport First Court and the Sichuan Provincial Consumer Council was declared the winner in court. It is reported that Chengdu Tiancheng Kuaikuai Information Technology Co., Ltd., as a professional store network operation company, signed a cooperation agreement with a certain skin management center in May 2021 to provide so-called personalized operation services. After the agreement is signed, the company recruits non real consumers (experts, amateurs) to experience consumption at a certain skin management center, and then writes a copy or comment for the company to review. After the review is correct, it is published in a skin management center store on the Dianping platform. Afterwards, a certain skin management center paid the company 10371 yuan and 5000 yuan in service fees incurred by the aforementioned non real consumers. In April 2022, after receiving a report, the Market Supervision Bureau of Chengdu High tech Zone intervened in the investigation and determined that the company's behavior violated the Anti Unfair Competition Law. In August of the same year, it was ordered to stop the illegal behavior and fined 50000 yuan as an administrative penalty. On April 10, 2024, the Sichuan Provincial Consumer Council received a letter of inquiry from Shanghai Hantao Information Consulting Co., Ltd., the main company of Dianping.com, stating that the company's profit-making organization of brushing orders greatly affects the credit system of Dianping.com platform and disrupts the competitive order of merchants on the platform. At the same time, the company's behavior of brushing orders and speculating on credit violates the principle of honesty and trustworthiness, deceives consumers, infringes on their right to know, and violates the legitimate rights and interests of many non-specific consumers. On April 28, 2024, the Sichuan Provincial Consumer Council filed a consumer civil public interest lawsuit with the Chengdu Railway Transport First Court in accordance with the relevant provisions of the Consumer Rights and Interests Protection Law of the People's Republic of China and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Consumer Civil Public Interest Litigation Cases. On February 13, 2025, after a public hearing and judgment by the Chengdu Railway Transport First Court, the Sichuan Provincial Consumer Council won the case. The defendant Chengdu Tiancheng Kuaikuai Information Technology Co., Ltd. shall issue a written apology statement to the misled consumers on the provincial level news media within 30 days after the judgment takes effect; Within 2 years from the effective date of the judgment, participate in 4 public welfare activities in the consumer field recognized by the Sichuan Provincial Consumer Council, and make up for the damage caused to the public interest through practical actions. This consumer civil public interest lawsuit is the first public interest lawsuit filed by the Sichuan Provincial Consumer Council after the implementation of the "Implementation Regulations of the Consumer Rights Protection Law", and also the second successful public interest lawsuit filed by the Sichuan Provincial Consumer Council since 2024. Since 2021, the Sichuan Provincial Consumer Council has successfully filed 3 separate lawsuits and jointly filed 4 civil public interest litigation cases involving cross provincial consumption between Sichuan and Chongqing with the Chongqing Municipal Consumer Council, all of which have been won. Next, the Sichuan Provincial Consumer Council will continue to follow up on the execution of the judgment. After the judgment takes effect, it will actively coordinate with the court, urge the defendant to perform public welfare actions, and ensure that the legal judgment is implemented. At the same time, we also hope that e-commerce companies can learn from this case, adhere to the correct value orientation, uphold the concept of integrity management, jointly maintain the order of the online market, optimize the online consumption environment, and enable consumers to consume with confidence and understanding in a real and fair online shopping environment. (New Society)

Edit:Rina Responsible editor:Lily

Source:ChinaNews

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