Online shopping and ordering takeout often have such small cards as "five-star praise" to receive cash red envelopes. Do you know that the merchants' "praise cash back" is suspected of violating the law Recently, due to the control of the epidemic situation in Beijing, restaurants were forbidden to eat in the hall. Some consumers reported that they frequently received "cash back" cards from many merchants when ordering takeout. China consumer daily conducted an investigation and report on this
Consumer orders takeout
Received 4 "cash back" red envelopes in 3 days
On May 24, Li Ming (not his real name), who lives in Fengtai District, Beijing, told the China consumer daily that she had received frequent "cash back" red envelopes for takeout recently.
"On May 21, I ordered the breakfast of Ruyi wonton (Beida Di store) on the online ordering platform. After getting the takeout, I found that there was a small card with" five-star praise cashback ". After sending the screenshot of the praise to the store staff through wechat, I really received a 2 yuan red envelope."
In the next two days, Li Ming also received "positive feedback" from many stores when ordering takeout:
May 21: Ruyi wonton (beidadi store) successfully returned 2 yuan after receiving favorable comments
May 22: manling porridge store (west bureau store) successfully returned RMB 3 after receiving favorable comments
May 23: Jingyou Juxi sibaozi shop (kandanqiao store) successfully returned RMB 2 after receiving favorable comments
May 23: shuoxi · Xinjiang fried rice noodles (fengke Wanda store), successfully returned RMB 3 after praise
"During the epidemic period, Beijing banned food in the hall, and the business income of restaurants turned to the online ordering platform. The higher the store score and the more favorable comments, the consumers were more willing to choose to place an order." Li Ming told the China consumer daily that she often ordered the takeout of Jingyou Juxi four steamed buns shop (kandanqiao store). In the past, there was no small card of "return of favorable comments" in the takeout, which was only available recently.
"In addition to returning cash, you can also return goods to merchants." Li Ming told the China consumer news that this year she received small gifts after spending at Lifeng Hotel (Beijing Guanganmen Lize Business District store) and Jingge Chongqing hotpot (Fengtai Dayue chunfengli store).
"Return of praise" has lasted for several years
The platform said that if the situation is true, the merchant will be punished
On May 25, China Consumer News called the above six stores respectively. Jingyou Juxi sibaozipu (kandanqiao store) denied that the store had a positive feedback activity. Jingge Chongqing hotpot (Fengtai Dayue chunfengli store) said that the positive feedback activity had only lasted for about one month. The other four stores all admitted that there was a positive feedback or return activity at present.
"After giving the praise, add wechat to send the screenshot of the praise. We will have a red envelope of two yuan to transfer. The activity has been going on for several years." Ruyi wonton (Beida didian) operator said.
China consumer news also called the official service hotline of Ruyi wonton and manling porridge stores to ask whether there were any positive feedback or return activities. The customer service staff said they were not clear or could not find out. The specific information should be subject to the feedback from the stores.
Does the online ordering platform allow merchants to "cash back" their praise to consumers?
The online customer service staff of the platform replied to the China consumer daily: "the platform has never allowed merchants to ask for praise, and resolutely does not allow dishonest business. If the situation is true, the platform will impose a penalty of setting off / closing some business models (such as taking it from the store) on the merchants, and clear the illegal data."
The staff of the platform's national hotline also called to say that different businesses have different punishment results. The specific punishment measures are to take a rest for them. In serious cases, businesses will also be offline on the platform.
No. 1 in the nominal list of "reward cash back" stores
"No bad comments" from a Beijing Branch of manling porridge store
On May 25, China consumer daily inquired the food safety files of the merchants on the online ordering platform and found that the star ratings of Ruyi wonton (beidadi store), manling porridge store (xiju store), Jingyou Juxi sibaozi store (kandanqiao store) and Douxi Xinjiang fried rice noodles (fengke Wanda store) were 4.7, 5.0, 4.8 and 4.8 respectively.
Ruyi wonton (beidadi store) and shuoxi Xinjiang fried rice noodles (fengke Wanda store) were described in the store introduction as "No. 1 in the hot selling list of Beijing wonton" and "No. 1 in the popularity list of rice noodles in the world park", respectively. As of 18:00 on May 25, the number of favorable comments from these two stores exceeded 2000, and a total of 150 comments from manling porridge store (west bureau store) were all positive.
However, the investigation of China consumer daily found that the chaos of "return of praise" has become a hot spot of complaints. Search the keyword "return of favorable comments" on the black cat complaint [complaint portal] platform, and it shows that there are 5504 related complaints, most of which are from major e-commerce platforms and online ordering platforms.
Among them, some consumers reported that after online shopping, they received a small card of "cash back from praise" from the merchant, but after giving praise, the merchant refused to cash back, or asked for additional praise before cash back; Clearly promised cash but only returned coupons.
In addition, consumers reported that some e-commerce platforms' praise was brushed out, which was suspected of misleading consumers. Some merchants also indicated in the card that "please do not take this card for printing; please do not mention the words such as red envelope and cash return in the evaluation".
Analysis of legal experts
"Cash back from praise" is suspected of infringing on multiple rights and interests of consumers
On May 30, Duanwei, Professor of the Law School of the Central University for Nationalities and vice president of the Beijing Society of consumer protection law, made a legal analysis when interviewed by China consumer daily:
Q
What do you think of the "return of good reviews"?
I think it should be comprehensively analyzed in combination with the whole transaction. In other words, "favorable comment" is a part of the whole transaction conditions, and "cash return" or "goods return" is the discount or discount of the transaction.
In this regard, the "favorable" trading condition:
For specific consumers, the rights of fair trade, independent choice, supervision and evaluation can not be fully realized and implemented;
For potential consumers, the right to know, the right of independent choice and the right to fair trade will also be greatly infringed.
On the whole, it violates the principles of good faith and fair trading and damages the good trading order and healthy market environment.
Q
What legal responsibilities should businesses and platforms bear respectively?
Honest operation and law-abiding operation are the basic and fundamental obligations of operators. Accepting consumer supervision, providing true and comprehensive information about goods and services, and not making false or misleading publicity are also the clear obligations of operators according to law.
"Cash back" or "goods return" in exchange for or even "bribe" or "praise", which runs counter to the legislative purpose of the operators' acceptance of consumer supervision and evaluation stipulated by the law, and also causes confusion and harm to the entire market environment and competition order.
The regulatory authority shall take the initiative to investigate and verify the relevant illegal facts in time and impose administrative penalties according to law.
According to the relevant provisions of the regulations on the administration of commercial franchising, enterprises must be responsible for the supervision of the business behavior and the quality of goods or services of their businesses.
According to the relevant provisions of the e-commerce law, the operator of the e-commerce platform shall establish and improve the credit evaluation system, publicize the credit evaluation rules, and provide consumers with a way to evaluate the goods sold or services provided on the platform; If an operator of an e-commerce platform knows or should know that the commodities sold or the services provided by the operator within the platform do not meet the requirements for protecting personal and property safety, or has other acts that infringe upon the legitimate rights and interests of consumers, and fails to take necessary measures, it shall bear joint and several liabilities with the operator within the platform according to law.
Relevant laws
Article 8 of the law on the protection of consumers' rights and interests: consumers have the right to know the true situation of the commodities they purchase and use or the services they receive.
"Return of favorable comments" is suspected of depriving consumers of the right to know the true situation of goods and services.
Article 8 of the Anti Unfair Competition Law: business operators shall not make false or misleading commercial publicity about the performance, function, quality, sales status, user evaluation, and honors of their commodities, so as to deceive and mislead consumers.
"Cash back of good reviews" is suspected of leading users to make false "good reviews" to deceive or mislead other consumers.
Article 17 of the E-commerce Law: e-commerce operators shall fully, truly, accurately and timely disclose commodity or service information to protect consumers' right to know and choice. E-commerce operators shall not conduct false or misleading business publicity by means of fictitious transactions, fabricated user evaluations, etc., to deceive or mislead consumers.
"Return of favorable comments" is suspected of fabricating user evaluations to deceive and mislead consumers.
remind
Consumers should exercise the right of supervision according to law
Give a fair evaluation
Discover "return of good reviews" and "return of good reviews"
Report or complain to the regulatory authority
When their own legitimate rights and interests are infringed
Take the initiative to protect rights in a timely manner