First, how to compensate for the false propaganda of the business?
According to Article 52 of the Law on the Protection of Consumers' Rights and Interests in People's Republic of China (PRC), the way of compensation for false propaganda by merchants is as follows: if a business operator provides goods or services and causes damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, supplementing the quantity of goods, returning the payment for goods and services or compensating for losses in accordance with the law or the agreement of the parties.
This provision shows that it is the responsibility of businesses to compensate for false propaganda. Third, false propaganda is fraudulent. According to Article 55 of People's Republic of China (PRC) Consumer Protection Law:
(1) Where a business operator commits fraudulent acts in providing commodities or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of the increased compensation shall be three times the price of the commodities purchased by consumers or the cost of receiving services;
(2) If the amount of increased 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.
Therefore, when making compensation through false propaganda, merchants should increase the compensation for the losses suffered by consumers according to their requirements, and the compensation amount is three times the price of goods purchased by consumers or the cost of receiving services; At the same time, if the increased amount of compensation is less than that of 500 yuan, it is 500 yuan.
Second, what are the contents of false propaganda?
1, the characteristics of goods refer to the characteristics such as the use and function of goods. Fraudulent advertisements often beautify the characteristics of goods and exaggerate the efficacy of goods. Beautified goods are also easily trusted by consumers.
2. The raw materials of commodities determine the functions of commodities. When consumers buy goods, they first need to know what the raw materials are and the proportion of various raw materials. If it is made of the same material, it depends on whether it is natural or artificial. There are various methods of false advertising. For example, when a commodity is made of two raw materials, advertisements will attract customers with natural raw materials. Sometimes raw materials are obviously artificial, but advertisements deliberately add a nice name to cover up low-grade raw materials.
3. As one of the contents of advertisements, the source of commodities mainly indicates the geographical origin of commodities (or services), which is especially important for well-known commodities. According to the different advertising methods, it can be divided into direct source advertising and indirect source advertising. Any advertisement that clearly expresses a specific geographical concept is called direct origin advertisement. If an advertisement does not clearly express a specific geographical concept, but in the transaction, consumers can still know the origin of the relevant goods through other characteristics, this kind of advertisement is called indirect origin advertisement. Both direct origin advertisements and indirect origin advertisements are related to the reputation of goods, so unfair competitors often cheat consumers by counterfeiting the origin of high-quality goods. Although some inferior goods are not prohibited by trademark law, they confuse consumers by counterfeiting the origin of famous brands. In this case, the anti-unfair competition law is needed to prohibit this kind of fraud. It can be seen that the role that the anti-unfair competition law can play is sometimes irreplaceable by the trademark law.
4. Changing commodity prices at will in advertisements to attract customers and harm consumers' interests. This pattern can be described as elusive. In order to attract customers, competitors sell goods (or services) perfectly through advertisements, but they don't mark the price and don't want to expose the daunting price (or charge). Even if they bid in advertisements, they are often marked as "enticed prices". Temptation prices take many forms. For example, the price has been announced on the surface, but in fact the price has not changed or decreased slightly. Some advertisements attract customers by reducing prices, but the minor part of the actual goods has decreased, and the important part has not decreased, even higher than the original.
In judicial practice, false propaganda is illegal, and consumers need to be compensated. The specific amount of compensation depends on the actual situation. However, if both parties reach an agreement through consultation, it can also be handled according to consensus, and the specific situation can be handled by signing an agreement.