The annual "3.15" has arrived, and we knew it, the newly revised "Consumer Protection Law" has been promulgated two years. The new Consumer Protection Law efforts in protecting the interests of consumers increase, whether it is online shopping, defenders of proof, or hype, information protection, have made more clear.

Yesterday, the Municipal Intermediate People's Court informed since the implementation of the new Consumer Protection Law, the trials city court consumer rights cases, and published a typical case. In addition, City Market Supervision Administration also announced a new Consumer Protection Law in violation of a typical case.

Type: false advertising

Case 1 claimed that "hold patent", in fact, has already expired

March 2015, Kang in a shop ordered a men's lace dress shoes increased across alligator five pairs, the total price of 31,000 yuan. After receipt of goods, Akashi satisfied, claim refunds declined. Akashi prosecution, false propaganda that the shop, a violation of his right to information, constitute fraud, it should be "a compensable back three."

The Court found that, when the shoe shop on this publicity and adopted the "China's only professional brand" and "the world every 10 pairs sold in the elevator shoes, five pairs from such and such a" description. Shop also claimed that he is "elevator shoes inventor patent holder." The reality is that the shop claimed patent does not indicate the patent number and patent category, and has expired.

Court of First Instance found that the shop is false propaganda, violation of the consumer's right to know, misleading Akashi made the wrong decision, constitute fraud, convicting the accused, "a compensable back three."

Shop refused to accept the appeal, the court of second instance mediation, the parties reached a settlement agreement accepted Kang shop for return, refund the purchase price and the purchase price and the payment of compensation equal amount.

Case 2 claimed that "will breathe fabrics", such things can not just say

Mr. Zhang at a site to buy a piece of men's T-shirt, to promote its business on the site, the T-shirt using the "breath of fabric," how on how quality assurance. Mr. Zhang received the goods only to find that the implementation of standards within the clothes specify tag has expired, does not match the identity and washed clothing inside the washing identified. Mr. Zhang felt cheated.

Lujiang market supervision and management of staff involved in the investigation, through mediation, businesses recognize the error, mutual consultation, compensation for businesses Mr. Zhang 400 yuan.

Legal basis

Under the "Advertising Law", advertising shall not contain false information and may not deceive or mislead consumers. National shall not be used, the most advanced, best, etc. terms, usage data, statistics, survey results, excerpts or quotations should be true and accurate, and indicate the source, an advertisement involves patented products or patented methods, the patent shall be marked number and type of patent.

The new Consumer Protection Law Article XX: operators to provide goods or services related to quality, performance, use, expiration date and other information should be true and comprehensive, may not make false or misleading propaganda. Article 55 provides that: operators to provide goods or services fraud, it should increase the compensation of losses in accordance with the requirements of consumers, increase the amount of the purchase price of consumer goods or services received three times the cost.

【related data】

Online shopping surge dispute

Last year accounted for nearly half of the total number of

Since the new Consumer Protection Law implementation, from January 2014 to December 2015, the city court accepts all types of Consumer Protection class civil disputes increased significantly. Among them, property damages, product liability, contract online shopping, travel service contract, breach of security obligation liability disputes 452; the bulk of consumer disputes, mainly real estate contract disputes also showed substantial growth of the phenomenon of the past two years real estate sales contract dispute cases of first instance 2517.

As more people join a purchase army, online shopping surge in the number of disputes, as the country's Xiamen city, one of the largest number of sites in 2010 to 2013 Xiamen court accepts online shopping disputes three classes, but only the year 2015, the network Shopping by the number of cases of disputes reached 133, accounting for nearly half of the year the total number of consumer infringement (278) cases.

The judge reminded []

Enhanced awareness of rights

We have strengthened the evidence of consciousness

According to trial in recent years, the City Intermediate People's Court of China President Liu Youguo a reminder that although awareness of consumer rights has increased, but the evidence fixed consciousness must be further strengthened. Consumers in the event of a dispute, often only payment receipt, for reasons of disputes, the process damage occurs insufficient evidence to prove the case in the investigation leading to the foundation in fact spent a lot of resources, but also undermine the interests of the plaintiff's lawsuit. Therefore, consumers in case of disputes, should be as timely warning, prevent the loss of evidence, in consultation with the operators the opportunity to process, while he still can use the phone's audio and video functions are fixed evidence.