Article 55 of the Law on the Protection of Consumers' Rights and Interests, if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.
Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.
Extended data:
The situation that consumers can enjoy triple compensation:
The first is to judge according to the means used by the operators to provide goods or services. The following acts are fraudulent consumers:
(a) the sale of adulterated, counterfeit and shoddy goods;
(two) to take false or other improper means, so that the number of goods sold is insufficient;
(3) selling commodities such as "defective products", "defective products" and "off-grade" and falsely claiming that they are genuine;
(4) Selling commodities at false "clearance price", "sale price", "lowest price", "preferential price" or other deceptive prices;
(5) Selling commodities with false commodity descriptions, commodity standards or physical samples;
(six) not to sell goods with their real names and marks;
(seven) using others to induce deceptive sales;
Make false live demonstrations and explanations;
(nine) using radio, television, movies, newspapers, periodicals and other mass media to make false propaganda of goods;
⑽ defrauding consumers of advance payment;
⑾ Failing to provide or provide goods according to the agreed terms, and defrauding the price by mail order sales;
⑿ Selling goods by means of false "sales with prizes" or "repayment of principal";
13. Deceive consumers by other false or improper means.
Secondly, judge whether the operator's behavior is misleading consumers. To judge whether the operator's behavior misleads consumers, we should adopt general standards, that is, the cognitive level and recognition ability of ordinary consumers shall prevail. If this behavior is enough to mislead ordinary consumers, it constitutes fraud. If this behavior is not enough to mislead ordinary consumers, individual consumers can claim fraud without proving that they have misunderstood. The fraudulent behavior of operators will generally damage the legitimate rights and interests of consumers. This damage does not mean that actual loss or damage is needed. As long as the operator's behavior is enough to mislead consumers by its nature, it can be regarded as fraud.
Third, judging from the subjective aspects of the operator's behavior. China's law does not clearly stipulate that the subjective elements that constitute fraud are intentional, but literally, fraud is an act of covering up the truth and misleading consumers to be deceived. Therefore, the operator is not necessarily required to have a subjective intentional state, but the word "fraud" itself already contains or reveals the operator's intentional psychology. Therefore, in the following circumstances, the operator "cannot prove that he has not deceived or misled consumers, and shall bear the legal responsibility for deceiving consumers":
(a) the sale of invalid or deteriorated goods;
(two) the sale of goods that infringe upon the registered trademark rights of others;
(3) selling goods with forged origin, forged or falsely used the name of another enterprise;
(four) the sale of counterfeit or fraudulent use of other people's commodity names, packaging, decoration of goods;
5] selling goods with forged or fraudulent use of quality marks such as certification marks and brand-name marks. If the operator can prove it, it is not fraud; Failure to prove it constitutes fraud.
Consumer law is to protect consumers' right to safety, information, fair trade and claim compensation according to law. Consumers who claim that an operator's business behavior constitutes fraud and their interests are harmed have the right to demand that the operator bear punitive damages. In accordance with the provisions of the current law, operators should be ordered to bear three times the compensation responsibility for defrauding consumers.