Classic cases of consumer rights protection:

Case 1?

Concealing information to mislead consumers:?

In early 2017, consumers Jing and Chen had a dispute with a car sales and service company when they purchased cars from the company. After investigation, it was found that the automobile sales and service company handed over the free business to an automobile trading company to handle it on its behalf, and charged a consumer advance service fee of 22,201 yuan.

The Baqiao Branch of the Xi'an Municipal Administration for Industry and Commerce, in accordance with the relevant provisions of the Consumer Rights Protection Law and other laws and regulations, determined that the automobile sales and service company concealed information of major interest to consumers in the provision of services. If it misleads consumers and infringes upon consumers' legitimate rights and interests, it will be ordered to stop illegal activities and an administrative penalty of 220,000 yuan will be imposed. ?

Comments: Automobile sales and service disputes are a hot issue for consumer complaints. When consumers encounter problems and cannot get responses from dealers and manufacturers, they can request mediation from the consumer association or file a complaint with the relevant administrative department. Complain, submit to an arbitration institution for arbitration, and file a lawsuit with the People's Court to safeguard rights. ?

Case 2?

Fake use of the “Apple” trademark: ?

In early 2017, consumer Zhao bought an Apple computer from an electronic technology company 1 unit, and later found out that the Electronic Technology Co., Ltd. was suspected of trademark infringement when dealing with after-sales service issues. After investigation, the electronic technology company used the "Apple" trademark as a business symbol and publicity without authorization from the owner of the registered trademark, and the illegal business revenue amounted to 34,038 yuan.

The Beilin Branch of the Xi'an Administration for Industry and Commerce determined that it had infringed on the exclusive rights of others to register trademarks in accordance with the relevant provisions of the Trademark Law, ordered it to immediately stop the trademark infringement, and imposed an administrative penalty of 75,000 yuan?

Comment: Using someone else’s registered trademark without permission not only infringes on the exclusive rights of others’ registered trademarks, but also infringes on consumers’ right to know?

Case 3?

Operators do not have the right to unilateral interpretation. :

In April 2017, when law enforcement officers from the Market Supervision Bureau of Gaoling District inspected a trading company in accordance with the law, they found that a store notice posted in the company's business premises contained "The final right to interpret the above information belongs to a certain company." Trading Co., Ltd." was suspected of violating the relevant prohibitive provisions of the "Measures for Punishing Behaviors that Infringe on Consumer Rights and Interests", and a case was opened for investigation in accordance with the law. It was ordered to correct its illegal behavior and an administrative penalty of 1,000 yuan was imposed.?

< p>Comment: Article 12 (6) of the "Measures for Punishing Behaviors that Infringe on Consumer Rights and Interests" stipulates: When operators provide goods or services to consumers using store notices, they shall not "stipulate? The operator shall have the unilateral right of interpretation or final "Right of interpretation".?

Case 4?

Using format clauses to force consumption:

In July 2017, a car sales and service company During the purchase of a car, Ma used formal terms to force Ma to purchase decorative materials and services worth 7,000 yuan, from which the car sales and service company made a profit of 3,500 yuan.

Shuangsheng of the Xi'an Industrial and Commercial Bureau. In accordance with the relevant provisions of the "Measures for Punishments for Infringement of Consumer Rights and Interests", the branch determined that the behavior of the automobile sales and service company was the use of standard clauses to force consumption, ordered it to correct the illegal behavior, and imposed an administrative penalty of 10,000 yuan.

Comments: In the process of purchasing goods and receiving services, consumers should refuse transactions that have been concluded by operators who force consumption, covertly force consumption, or add unreasonable conditions, and should report it to the industrial and commercial administration authorities. To protect one's legitimate rights and interests by filing a complaint or filing a civil lawsuit with the People's Court?

Case 5?

Failure to honor the cash back reward promise:

2017. In June, the Market Supervision and Administration Bureau of Yuhang District, Hangzhou City, Zhejiang Province forwarded case clues to the Yanliang Branch of the Xi'an Municipal Administration for Industry and Commerce, reflecting that a Tmall store did not fulfill its promise of cashback rewards during the "Double 11" milk powder promotion period last year. After investigation, the store promised that "the top 30 consumers who paid on Double 11 would be rewarded with cash ranging from 3,000 yuan to 100 yuan". However, it only honored the promise to the first 15 consumers when redeeming the rewards. . Instead of obtaining the consent of the remaining 15 winning consumers, store points were used for rewards.

In the end, he was ordered to stop his illegal behavior and imposed an administrative penalty of 10,000 yuan. ?

Comments: When consumers purchase goods online, they should carefully screen them and keep relevant receipts. When operators fail to fulfill their promises, they must promptly assert their legal rights. ?

Case 6?

Price information misleads consumers:

On February 9, 2017, Zhao, a tourist from Shanxi, visited Lintong in a certain place. The specialty shop purchased the Chinese medicinal material "Dendrobium officinale" worth 6,468 yuan. Later, she felt that the price of "Dendrobium officinale" was too high, so she complained to the Lintong Branch of Xi'an Industrial and Commercial Bureau through the "12315" complaint reporting hotline.

After investigation, the salesperson of the souvenir shop deliberately failed to clearly state the price of "Dendrobium officinale" when selling, causing Zhao to mistake the price of "10 yuan per gram" for "10 yuan per root." , purchased more than 600 grams and crushed "Dendrobium officinale" into powder, paying 6,468 yuan.

In accordance with the relevant provisions of the "Measures for Penalties for Infringement of Consumer Rights and Interests", the Lintong Branch of the Xi'an Municipal Administration of Industry and Commerce determined that the souvenir shop's intentional failure to clearly state the prices of the goods it provided constituted concealment of relations with consumers. If information of major stakes misleads consumers, they will be ordered to correct their illegal behavior, and will be given a warning and an administrative penalty of 19,000 yuan in fines.

Case 7

Farmers suffered damage due to abnormal potato growth:

In 2017, Mr. Zhang, a grower in Lanling County, purchased 7,000 potato seeds from dealer Zhang. Kilograms, ridged and mulched in mid-February and planted in 11 plots totaling 49.3 acres. Starting from April 27, the variety began to grow abnormally, so the dealer was consulted.

Growers thought it was a problem with the quality of potato seeds, while dealers thought it was due to incomplete disinfection during the planting process. The two sides argued and the negotiations reached a deadlock. In May 2017, growers called 12315 to complain and demanded compensation from dealers for economic losses.

The Lanling County Industrial and Commercial Bureau and the Consumers Association coordinated with the agricultural department to issue an appraisal report. After coordination, the two parties finally reached an agreement, and the dealer compensated the grower for the loss of 43,000 yuan.

Case 8

High-priced underwear has no effect:

Ms. Li, a consumer in Mengyin County, spent 17,460 in a cosmetics store in Mengyin County in March 2017 Yuan bought two sets of "Fanyi Man" body-shaping underwear. After wearing them, he found that they did not have the promotional effect the merchant said, so he asked for a return.

After investigation, the consumer Ms. Li’s report was true, and the merchant did have the problem of false propaganda to mislead consumers. After mediation, the merchant realized the mistake and agreed to return the goods for Ms. Li, and refunded the 17,460 yuan spent by Ms. Li.