General induction is not an illegal act or a criminal act, because the purpose of marketing is to hope that people who have no consumption intention will consume, or to make people who do not have a strong desire to consume consume, especially for the elderly under special circumstances. Or the inducement of vulnerable groups such as children may constitute unethical sales behavior, and children may be able to recover their losses by rescinding the contract.
How to identify consumer fraud
According to the "Consumer Rights and Interests Protection Law" and the State Administration for Industry and Commerce's "Punishment Measures for Infringement of Consumer Rights and Interests", an operator can be judged from three aspects Whether the behavior constitutes consumer fraud.
1. The means used by operators when providing goods or services
According to the provisions of Article 16 of the "Measures for Punishing Behaviors that Infringe on Consumer Rights and Interests", operators have the following behaviors: 1. It can be determined as fraudulent behavior: adulterating or adulterating the goods sold, passing off fake goods as genuine, passing off substandard goods as good goods, passing off unqualified goods as qualified goods; selling goods that have been eliminated and stopped for sale by the state; providing goods or Intentionally using unqualified measuring instruments or destroying the accuracy of measuring instruments in services; defrauding consumers of prices or fees and failing to provide goods or services or not providing goods or services as agreed; not providing goods or services under true names and marks; using false or misleading information. Selling goods or services through misunderstood product descriptions, product standards, physical samples, etc.; making false or misleading on-site descriptions and demonstrations; using fictitious transactions, falsely marked trading volumes, false comments, or hiring others to induce deceptive sales. ; Selling goods or services with false "clearance prices", "fire sale prices", "lowest prices", "discounted prices" or other deceptive prices; using false "prize sales", "repayment sales", "experience sales", etc. Selling goods or services; falsely claiming to be authentic and selling "processed goods", "defective goods", "substandard goods" and other goods; exaggerating or concealing the quantity, quality, performance, etc. of the goods or services provided that have a significant interest in consumers Information that misleads consumers; misleads consumers with other false or misleading publicity methods.
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 intention to commit fraud
Although laws and regulations do not clearly stipulate that a fraudulent act must be subjectively intentional, from a literal understanding, fraud It is to cover up the truth and mislead consumers. The word "fraud" itself has revealed that the operator has subjective intention. Therefore, 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 protecting personal and property safety, and the sales of expired or deteriorated goods , selling goods that forge the origin, forge or falsely use another person’s factory name or address, or tamper with the production date, sell goods that forge or falsely use quality marks such as certification marks, sell goods or provide services that infringe the exclusive rights of others’ registered trademarks, sell Products that forge or use the unique names, packaging, and decoration of well-known products.
What kind of dispute is induced consumption, and how much money can be filed:
Induced consumption is a civil case. If there is fraud, then the case can be filed as fraud. For the merchant's induced consumption behavior, the merchant can be required to compensate regardless of the amount involved. If the amount involved does not reach 500 yuan, then 500 yuan will be used as the compensation amount.
Legal basis:
"Criminal Law of the People's Republic of China"
Article 266: For defrauding public or private property, if the amount is relatively large, If the person is sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and the fine amount is extremely huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and if the fine amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to ten years. be sentenced to fixed-term imprisonment of not less than 1 year or life imprisonment, and shall also be fined or have property confiscated.
If this law provides otherwise, the provisions shall prevail.
Article 192: Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined if the amount is huge or there are other serious circumstances. , shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.