How to sue businesses for cheating consumers?
1. Prepare civil litigation;
2 to the people's court with jurisdiction, and submit relevant evidence;
3. Attend and participate in litigation activities on time according to the notice of the people's court;
Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried the case or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal.
How to protect the right to cheat consumers?
Consumers can defend their rights in the following ways after being deceived:
1. Negotiation and settlement have the advantages of high efficiency, simplicity and economy, simple procedures, time-saving and labor-saving;
2. Mediation. The mediation of consumers' association is generally attended by consumers' association, operators and consumers. Consumers Association plays the role of intermediary mediation, and can also put forward relevant schemes or suggestions to solve disputes, but it cannot make relevant decisions instead of consumers or operators.
3. complain. When consumers think that their legitimate consumption rights and interests have been damaged, they may request the administrative organ to give relevant protection;
4. arbitration. If the operator and the consumer have relevant arbitration agreements, they may submit the dispute to the arbitration institution according to the arbitration agreement, and the arbitration institution shall make a ruling.
5. litigation. That is, when their legitimate rights and interests are infringed, consumers can bring a lawsuit to the people's court and ask the people's court to solve the consumption dispute, thus safeguarding their legitimate consumption rights and interests.
What are the behaviors that deceive consumers?
In any of the following circumstances, it is cheating:
1. Selling adulterated and shoddy goods;
2. Take false or other improper means to make the quantity of goods sold insufficient;
3. Selling goods such as "defective products", "defective products" and "off-grade" and falsely claiming that they are genuine;
4. Selling goods at false "clearance price", "sale price", "lowest price", "preferential price" or other deceptive prices;
5. Selling goods with false commodity theories, commodity standards and physical samples. ;
6. Do not sell goods with real names and marks.
What is the behavior of merchants as deceiving consumers?
To judge whether the operator's behavior constitutes fraud, mainly from the following three aspects:
1 First of all, according to the means used by operators to provide goods or services. Generally speaking, the following acts of operators are fraudulent to 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;
2, according to whether the operator's behavior misleads consumers to judge. 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.
3. Judging from the subjective aspects of the operator's behavior. Under 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.