Guangzhou announces top 10 typical cases of consumer rights protection in 2021

2022-04-25 0 By

The text/yangcheng evening news media reporters Ding ling the correspondent Guangzhou city supervisor as “3 · 15” the international consumer rights day approaching, on March 13, the guangzhou market supervision administration released 2021 annual top ten consumer rights protection typical cases, consumer rights protection network and range about the car, a refund, trademark infringement, high imitation wine, expired food, etc., for society to strengthen the franco-prussian education,We will strengthen consumers’ awareness of safeguarding their rights and warn market entities to operate in good faith and by law.Case 1: a net about car company sweepstakes “goods not board” on its public release a net about car company “welfare + 60 yuan a taxi Vichy skincare gift bag” promotion information, promotion of title and content included in the “60 yuan a taxi welfare” and other information, not to mention the nature of the coupons, quantity and the highest information such as the deductible amount.If the consumer spends less than 200 yuan in total for three rides, he can’t enjoy the 60 yuan discount, which is inconsistent with the information of “60 yuan taxi welfare” and “60 yuan gift package”.According to the Anti-Unfair Competition Law, the Haizhu District Market Supervision Bureau imposed a fine of 50,000 yuan.Comment and analysis: many businesses release promotional information, often deliberately vague concept, edge ball, not clear promotional preferential rules, such as “cash coupon” to “full reduction coupon”, “full reduction coupon” to “product coupon”, increased consumption restrictions and thresholds, “preferential” is not “benefit”, harm the rights and interests of consumers.Case 2: A matchmaking network company intentionally delayed the refund without any reason. When a matchmaking network company handled the refund, it failed to refund 10,725 yuan to Chen in accordance with the agreed time, which exceeded the agreed time by 29 working days. The party’s behavior violated the Punishment Measures for Acts infringing on the rights and interests of Consumers.According to the “Law on the Protection of Consumer Rights and Interests” and “Punishment Measures for Acts infringing on consumer rights and interests”, The Tianhe District Market Supervision Bureau ordered the parties to immediately stop the acts damaging consumer rights and interests and imposed a fine of 180,000 YUAN.Comment: After the consumer’s rights and interests are infringed, there are often problems such as difficult claim and refund, even though the refund agreement is signed with the merchant through mediation, the merchant will deliberately delay the refund time.This case is an administrative penalty made by the enterprises involved in the case of deliberately delaying the reasonable refund request put forward by consumers, which has caused adverse social public opinion influence, in order to deter businesses with similar illegal behaviors.Case three: “buy a mobile phone to give a watch”?The watch was suspected of counterfeiting registered trademark products Baiyun District Market supervision bureau law enforcement officers inspection of a communications equipment shop found that the shop exists “buy mobile phone gift watch” induced behavior, and found storage of a well-known trademark watch, and some mobile phone accessories did not clearly marked.After the identification of a watch trademark right holder, the watch is suspected of counterfeiting the registered trademark products, the party’s behavior constitutes the trademark Law referred to as an infringement of the right to exclusive use of registered trademarks.According to the Trademark Law, the Baiyun District Market Supervision Bureau ordered the parties to immediately stop trademark infringement, confiscated and destroyed the infringement of the registered trademark exclusive right of 25 watches, and imposed a fine of 18,950 yuan.Comment and analysis: The involved parties’ behavior of bundling and selling fake and shoddy products violates relevant laws and seriously infringes on the legitimate rights and interests of consumers and trademark right holders.The case reminds broad consumer to want to raise the consciousness that discern false false, resist counterfeit commodity consciously.Case four: high-end wine quality is different?A citizen bought 4 bottles of some brand high-grade wine in a firm and found that the quality of the wine was different. He complained about it.Baiyun District market supervision bureau received a report clues, then carried out on-site inspection, by a brand wine company identification personnel identification, confirm that the firm sold the wine for counterfeit goods.According to the “Food Safety Law” and “Trademark Law”, the Baiyun District Market Supervision Bureau ordered the parties involved to immediately stop trademark infringement, and imposed a fine of 30,000 yuan.Comments and analysis: the market is full of high imitation wine, “perforated wine” and so on, it is difficult to distinguish between true and false, the stern investigation of the case has a very good warning effect, remind consumers to buy wine as far as possible to choose regular merchants, requiring merchants to issue invoices;If you buy fake wine, you can ask for a refund and an increase in compensation for your losses.Case 5: “the interpretation” clause into violations of the rights and interests of consumers “overlord terms” again on August 7, 2021, the market regulator in huangpu district received reports, reflecting a cultural company WeChat number issued two public product instructions all the operators to explain, the agency send the rectification notice to the parties concerned, instruct its deadline to correct.A month later, the bureau again received a tip, said the parties have a new standard terms, the content constitutes an infringement of consumer rights and interests.According to the Punishment Measures for Acts infringing on the rights and interests of consumers and The Supervision and Treatment Measures for Contract Illegal Acts, huangpu District Market Supervision Bureau imposed a fine of 9000 yuan on the parties concerned in view of the fact that the parties had not changed the situation within the prescribed time limit, which was in line with the heavier circumstances and based on the principle of equal punishment.Comment and analysis: as a widely used “hegemonic clause”, the “final interpretation right clause” is a totally unequal standard clause, which not only damages the rights and interests of consumers, but also is not conducive to the long-term development of merchants themselves, but also tramples on social fairness and destroys the market economic order.On May 16, 2021, Ms. Peng, a citizen, reported to huangpu District Market Supervision Bureau that nine commodities she bought in a supermarket, among which two commodities, vita chrysanthemum tea and dried fish, had expired for one month.The behavior of the parties involved in handling food beyond the shelf life violates the relevant provisions of the Food Safety Law.Immediately, whampoa District Market Supervision Bureau to confiscate the above expired food, confiscate the illegal income of 1.7 yuan, and impose a fine of 3,000 yuan of administrative punishment.Evaluation and analysis: shelf life, is the production enterprise commitment to its production and processing of food in accordance with the label requirements of storage conditions to maintain the quality of the period.Consumers should pay attention to check the production date and shelf life on the packaging and label when buying food, and refuse to buy expired food or food with unclear production date and shelf life.In March 2021, a citizen complained to the Market Supervision Bureau of Huadu District that he had bought self-sold adhesive tape from an APP of Wenchuang. However, since the APP was acquired by another similar APP, the complainant had not received the goods and could not contact the customer service.According to the Consumer Rights and Interests Protection Law “when consumers purchase products, enterprises change, the change of the enterprise should bear the corresponding legal responsibility” and other provisions, after the huadu District Market Supervision bureau staff patient and meticulous mediation, finally the complained business full refund, the complainant is also satisfied.Comment analysis: “consumer rights and interests protection law” sets, when consumer is buying, use commodity or accept a service, its legitimate rights and interests are harmed, because original enterprise is divided, amalgamative, can to the enterprise that assumes its right obligation after change asks compensation.When consumer is buying commodity and service, encounter original enterprise division merges, ought to keep good consumption bill, demand compensation to new enterprise after change.In March 2021, panyu Market Supervision Bureau received a report from a citizen that a pharmaceutical company was suspected of exporting substandard masks with forged and counterfeit CE certification marks to foreign countries.After verification, the report is true.According to the Product Quality Law, panyu Market Supervision Bureau confiscated 38,000 KN95 protective masks, 60,000 protective masks and 120 FFP2 masks, confiscated 42,223.08 yuan of illegal income and fined 46,137.66 yuan.T:In this case, the involved company forge CE certification marks, forge another producer name and address mask behavior, violation of the “product quality standard” of “consumer rights and interests protects a law” regulation, in accordance with the law of confiscation involved operators involved masks, confiscate the illegal income, impose fines of administrative punishment, suggests that the market regulators to crack down on infringement violations,China’s determination and strength to ensure regular epidemic prevention and control, promote fair market competition, and maintain normal market order.Case 9:During the epidemic prevention and control period, law enforcement officers of The Market Supervision Bureau of Zengcheng District found that there were two boxes of imported frozen meat products without Chinese labels stored in the premises of the party concerned.The party concerned cannot provide the inspection and quarantine certificate, nucleic acid test report, disinfection certificate, purchase list and qualification materials of the supplier of the aforementioned imported frozen meat products for future reference.According to the food Safety Law, the zengcheng District Market Supervision Bureau ordered the parties to correct the illegal behavior, confiscated two cases of imported frozen meat products, and imposed a fine of 110,000 yuan.Comment and analysis: Frozen imported products operators, operating not according to the provisions of quarantine or inspection, no Chinese label imported frozen meat products, there are huge risks and hidden dangers, if this batch of imported frozen products carry virus, will directly affect the food and life safety of a large number of people, should be strict, fast, severe crackdown.Case 10: producing unqualified electric bicycle, the company was fined 56 $sampling observation of the specialized institutions, conghua district market watchdog, found that a company produces a type of electric bicycle is wet wading performance, reflector, lighting quality unqualified problem, especially the electric installation does not conform to the standard for electric bicycle safety technology specification and judged to be serious is not qualified;Another model of speed prompt sound, drenching-wading performance does not meet the standard requirements, judged as unqualified.According to the Product Quality Law, Conghua District Market Supervision Bureau confiscated 287 electric bicycles, confiscated 3,917 yuan of illegal income, and fined 567,600 yuan for the alleged production and sale of products with non-conforming labels.Comments: electric bicycle as a means of transport, the popularity of these two years is very high, its safety performance is directly related to the driver’s life safety.Manufacturers should firmly establish a sense of responsibility for product quality and safety, and market regulatory authorities should strengthen supervision and inspection of electric bicycle manufacturers to ensure that they operate in accordance with the law, ensure that the quality of products left by the factory is qualified, and effectively protect the legitimate rights and interests of consumers.(for more news and information, please pay close attention to guangzhou send source | yangcheng evening news · Yang cheng sent coordinating editor | Yang Chuying