In today’s society, in the process of selling goods, one must conscientiously abide by good faith and must not deceive consumers. So, if someone is found to be deceiving and misleading consumers, what will be the punishment? In order to answer this question, the editor will give you the corresponding answer below for your reference and study. I hope the following answer will be helpful to you.
1. Penalties for deceiving and misleading consumers. According to the Consumer Rights Protection Law, if an operator commits fraud during the business process, the purchaser may demand economic compensation of three times the price of the product. According to the relevant provisions of Article 6 of the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests", if an operator commits fraud in providing goods or services, it shall increase compensation for the losses suffered by the consumer according to the request of the consumer. The amount of increased compensation shall be Double the price consumers pay for goods or services. Article 7 The procedures for investigating and handling consumer fraud by industrial and commercial administrative authorities shall be governed by the "Interim Measures for Industrial and Commercial Administrative Agencies for Accepting Consumer Complaints".
2. How to identify consumer fraud Consumption fraud means that operators use false or other improper means to deceive and mislead consumers in the process of providing goods or services, causing the legitimate rights and interests of consumers to be harmed. damage. According to the "Consumer Rights and Interests Protection Law" and the State Administration for Industry and Commerce's "Measures for Punishing Behaviors that Infringe on Consumer Rights and Interests", whether an operator's behavior constitutes consumer fraud can be judged from three aspects. 1. The means used by operators to provide goods or services. According to the provisions of Article 16 of the "Measures for Punishing Behaviors that Infringe on Consumer Rights and Interests", if an operator has one of the following prescribed behaviors, it can be determined as a fraudulent act: In the goods sold Adulteration, adulteration, passing off fake as genuine, substandard goods, substandard goods as qualified goods; selling goods that have been eliminated and stopped by the state; deliberately using unqualified measuring instruments or destroying the accuracy of measuring instruments when providing goods or services. defrauding consumers of prices or fees without providing goods or services or not providing goods or services as agreed; not providing goods or services with real names and marks; selling goods with false or misleading product descriptions, product standards, physical samples, etc. or services; make false or misleading on-site descriptions and demonstrations; use fictitious transactions, falsely marked trading volumes, false comments or hiring others to induce fraudulent sales; use false "clearance prices", "fire sale prices" and "lowest prices" "price", "preferential price" or other deceptive prices to represent the sale of goods or services; sell goods or services with false "prize sales", "repay sales", "experience sales" and other methods; falsely claim to sell genuine products as "processed products" Products such as "defective products" and "substandard products"; exaggerating or concealing the quantity, quality, performance and other information of major interest to consumers of the goods or services provided; misleading consumers with other false or misleading publicity way to mislead consumers. 2. Whether the operator’s behavior misleads consumers. The judgment of whether the operator’s behavior misleads consumers should be based on the cognitive level and identification ability of ordinary consumers. If the behavior is enough to cause misunderstanding among ordinary consumers, it constitutes fraud. If the behavior is not enough to cause general consumers to misunderstand, individual consumers should prove that they have indeed misunderstood to claim fraud. Fraudulent behavior by operators will generally cause damage to the legitimate rights and interests of consumers. However, the identification of consumer fraud does not require actual losses or damages to consumers. As long as the operator's behavior is sufficient to mislead consumers, it can be determined as fraud. 3. Whether the operator has the subjective aspect to commit fraud. In the following six situations, if the operator cannot prove that he has no intention to deceive or mislead consumers, it is fraud: the goods sold or the services provided do not meet the requirements for personal protection, Property safety requirements, sales of expired or spoiled goods, sales of goods with forged origins, forged or fraudulently using other people’s factory names or addresses, or tampered with production dates, sales of goods with forged or fraudulent use of certification marks and other quality marks, goods sold or provided The services infringe the exclusive rights of others’ registered trademarks, and sell products that are counterfeit or use the unique names, packaging, and decoration of well-known products.
The above is the editor's answer to "How to punish for deceiving and misleading consumers". We can understand that according to the Consumer Rights Protection Law, if an operator commits fraud during the business process, the buyer can demand three times the price of the product. Financial compensation. If you still want to know other legal knowledge, we also provide professional lawyer online consultation services. You are welcome to have legal consultation again.