The original price of 1980 yuan "Wuliangye" is only sold for 298 yuan in the live broadcast room;798 yuan for two bottles of Guizhou sauce Gongji secret sauce, the exclusive welfare price is 299 yuan, and a set of zodiac wine utensils is also given;Dahongpao tea is sold for 1,388 yuan on the market, and the order is placed in the live broadcast room, and it only costs ...... 268 yuan to get 4 boxes of tea gifts and a complete set of high-end tea sets
Recently, the reporter of "Rule of Law**" observed the live broadcast room and found that some anchors have become more and more exaggerated in comparing the original price of all goods with the exclusive price of the live broadcast, and under the stimulation of the anchor's rendering and price comparison, many viewers will place orders passionately, and many products also have a good sales volume.
Did the "family" in the anchor's mouth really get benefits?On the third-party complaint platform, the reporter found that there are a large number of problems under the price comparison publicity: the goods in hand are not right, the first is not as cheap as advertised, and the product quality is difficult to ......
Super high price super low discount.
Chang Jie (pseudonym), a Shanghai citizen who often shops online, told reporters that she found that many live broadcasts are very unreliable: "What is the significance of the original price of the goods marked in the live broadcast room now?."Anyway, no matter how expensive it is, you will be given ultra-low prices in the end, and some of them will not even be discounted. I suspect that these ** are random targets, in order to make consumers feel that they are taking advantage of it and then buy it. ”
But some people don't agree with this: as long as the anchor can ensure that the product is real, and it is indeed discounted, why not take advantage of this?
Compared with the original price given by the anchor, is the exclusive price in the live broadcast room and the anchor welfare price really discounted?
The price of a single bottle is 598 yuan a bottle, you can go to any offline store to identify it after you get it, and it is guaranteed to be true, now the exclusive price of our live broadcast room, a box of 6 bottles, only 597 yuan!Yes, you heard it right, the official guide price is 3588 yuan a box, and now 597 yuan free shipping also sends a set of exquisite wine utensils. ”
In November 2023, Zhang Liu (pseudonym), who lives in Hedong District, Tianjin, immediately placed an order after seeing this live broadcast. "This is a brand-name wine, and the merchant promises to deliver the goods from the source factory, there must be no fake, this time it is really cheap. Zhang Liu said.
What Zhang Liu didn't expect was that after receiving the wine, he found a problem: "I drank a small glass at noon, I felt that the taste was wrong, and the packaging was different from the brand-name wine packaging I saw before, the product type was plant-based liqueur, which was made with liquor with water, mung beans, bamboo sunflowers, lotus leaves, etc., which was not the same thing as liquor, to put it bluntly, it was blended wine, and it was not worth much at all." ”
Zhang Liu said that the anchor has always said that this is a big brand, and it was taken by the original factory in the original box, but in fact, it is blatantly deceiving consumers, and the so-called famous brand is just an authorized company under the big brand winery, which has repeatedly played a side game and bound it to famous brand wine, making consumers mistakenly think that they have bought famous brand wine. "Later, I brushed up on another brand of liquor, the original price was 3,528 yuan a box, and the price was 299 yuan a box, but I didn't dare to be cheap anymore. Zhang Liu said.
In the 15th "Double 11" in 2023, price comparison has become the highlight of the first event, and price comparison with e-commerce platforms and counters has also become an important means of drainage in various live broadcast rooms and groups.
Some consumers saw in the live broadcast room of an Internet celebrity anchor that when the anchor sold a certain brand of shampoo, the screenshot of the page of an e-commerce platform selling the same product was 49 yuan, but the top half of this picture was folded back. Out of curiosity, she went to the e-commerce platform to search for the product, and found that the full screenshot showed the product's ** information "Shoot 2 minus 50, take away 1kg" and "9 after the second coupon".
Also in the live broadcast room of the Internet celebrity, the price is 669 yuan of Saturday Fu Wufu Long Pure Gold Bracelet, the anchor said that the price in the live broadcast room of other anchors on the same platform is 1039 yuan, and showed a screenshot of the sales page, but some consumers then found that the price was 759 yuan on the same platform Liufu official ***.
Recently, the down jacket** controversy in a celebrity's live broadcast room has aroused widespread concern in the society. A consumer bought a duck duck down jacket with an original price of 2,899 yuan in the star's live broadcast room, and actually paid 449 yuan. However, this down jacket only costs 228 yuan during the "Double 11" period.
The reporter's investigation found that similar price comparison behaviors are often based on screenshots of the pages of products sold in other channels, but the authenticity of the screenshots needs to be verified. All kinds of welfare goods in the live broadcast can be purchased on other platforms or offline according to the approximate **, and some goods are not sold in supermarkets, and the regular price of the goods is difficult to determine.
Some netizens ridiculed: "Sell at one discount or three discounts at the original price, I'm afraid the purchase price will not be so cheap, if the benefits are really so big, I won't get rich early if I buy from the live broadcast room and then sell it?" ."”
*Inflated is suspected of violating the law.
In May 2022, law enforcement officers from the Chengxi Institute of the Market Supervision Bureau of Fuyang District, Hangzhou City, Zhejiang Province, found during their daily online inspections that the sales price advertised by an e-commerce company in the live broadcast and short ** of the e-commerce platform was significantly lower than the original price, and no original price sales records were found.
Loving yourself is the beginning of a lifelong romance, and I used to sell a haute couture skirt for 199 yuan, and now the price is changed to 49 yuan. "In the face of the live broadcast content displayed by law enforcement officers, the merchant could not provide a sales record of the product at the original price of 199 yuan.
After the on-site inspection, the law enforcement officers found that the e-commerce company had secretly modified the original price of the store on a short ** platform in an attempt to get through the customs in a foolish manner, but the company could not deny it in the face of the electronic solid evidence materials admitted in accordance with the law. According to the law enforcement officers, the e-commerce company has not traded the goods involved in the live broadcast on the short ** platform, and the original price sales records of a variety of commodities in the merchant platform store during the inspection constitute ** fraud, and the illegal income exceeds 5,000 yuan.
The Beijing Municipal Bureau of Market Supervision found that during the "Double 11" period in 2023, the anchor of Beijing Fuqi Lianlian Culture Media used the display price of the same product on the page of Beijing Eater's Home E-commerce on a platform as a comparison during the live broadcast. In addition, the two companies agreed to put the same product on different platforms, and marked the very different ** for live broadcast price comparison. The act constitutes ** fraud, and the two companies are joint offenders. The Beijing Municipal Bureau for Market Regulation ordered the parties to correct the illegal acts, gave warnings, and imposed a fine of 300,000 yuan.
In life, consumers can often encounter the situation of discounted sales of goods, where is the boundary between price reduction and fraud?
Rao Wei, senior partner of Beijing Tiantai Law Firm and deputy director of the Consumer Rights and Interests Professional Committee of Beijing Lawyers Association, introduced that price reduction is based on the consistency of goods and value, in order to stimulate consumption and then make a behavior of reducing sales by reducing sales. Fraud is the act of not following the principle of fairness when defining the value of goods, and is obviously inflated, misleading consumers to consume through discounts. The fundamental difference between the two lies in whether the ** of the commodity is in line with the value of the commodity and whether the sales act infringes on the consumer's right to know the value of the commodity.
Rao Wei said: "Online trading platform operators shall cooperate with the market supervision and administration department to carry out the supervision and management work in accordance with the law, and if it is found that the operators in the venue and the platform have violated these provisions, they shall take necessary measures in accordance with the law, keep relevant information records, and bear corresponding obligations and responsibilities in accordance with the law." If a platform operator clearly knows or should know that a seller or service provider is using its platform to infringe upon the lawful rights and interests of consumers, and fails to take necessary measures, it shall be jointly and severally liable with the seller or service provider in accordance with the law, and shall also be responsible for the fraud. ”
It is worth noting that compared with the original price, it cannot be considered that the discount is too large to indicate that the merchant must have a problem.
Su Haopeng, a professor at the Law School of the University of International Business and Economics, told reporters that discount sales are more common in daily life, and the most exaggerated is the jewelry industry, which is priced at hundreds of thousands of yuan, tens of thousands of yuan, and may be sold for tens of thousands of yuan. But from a legal point of view, such an act is not illegal.
* The field mainly looks at two legal documents - "Clearly Marked Price and Prohibition of Fraud" and **Law, **Law mainly stipulates the formation mechanism of **: **pricing, **guiding price and market-regulated price, and the vast majority of ** belong to the market-regulated price. Most of the prices of goods in the live broadcast room are set by the operators themselves according to market conditions, which belongs to the market-regulated price, no matter how he sets it, how much **, as long as it does not violate the ** formation mechanism determined by the ** law, it should be respected. In the specific sales behavior, whether a ** to discount, how much discount, is also determined by the operator, if the price is very high, the discount is very large, the actual price is very low, this kind of market behavior law does not interfere, the regulatory authorities should not carry out mandatory intervention. Su Haopeng said.
Xu Guangjian, vice president of the China ** Association and professor of the School of Public Administration of Chinese University, believes that although this behavior is not illegal, compared with pricing, consumers are highly sensitive to changes in **, and merchants attract consumers through high discounts, which is actually a marketing behavior and excessive marketing.
At present, the price of some goods is too high, and the discount is very large, which will make consumers uncomfortable and affect consumers' cognition and judgment of the goods. Merchants should correctly understand the clear price marking system, fully convey the best information, and respect consumers' right to know. Consumers have the right to know the actual information of the product, and the merchant should reduce the information asymmetry of the product pricing as much as possible, and present the complete information of the product and the information related to the product to the consumer within the expected range, so that the consumer can choose. Xu Guangjian said.
Supervision needs to be strengthened.
In June 2022, the State Administration of Radio, Film and Television and the Ministry of Culture and Tourism jointly issued the Code of Conduct for Online Anchors, which clearly stipulates that online anchors shall not "mislead consumers with exaggerated propaganda and deceive consumers through false promises" in the process of providing online performance and audio-visual program services.
Some short platforms have also regulated the anchors' propaganda behaviors, clearly requiring that live broadcasts must not be made up for comparisons. To this end, some platforms have carried out many special actions to crack down on fakes, and in 2023 alone, more than 5,000 e-commerce companies will be punished for fraudulent goods. However, judging from the reporter's investigation, the problem of falsehood is still serious, and it is mainly concentrated in wine, tea, jade, etc.
Some platforms have issued relevant regulations to strictly restrict the price comparison of goods in the live broadcast room, and the proof of the live broadcast room or **display being compared**, the platform only supports the tag price of the product, the retail price of the official website, the pricing of the product, and the manufacturer's suggested retail price. The reference price is released through the "commodity reference price" function, and the merchant needs to upload the corresponding ** voucher in advance, which will be reviewed by the platform. Creators are not allowed to use unfounded or incomparable ** as the basis for calculating or being compared**.
Su Haopeng believes that for the chaos in online transactions, we should return to the relevant requirements of the law, implement the principle of fairness, and protect consumers' right to fair trade. Platforms have legal obligations to govern the platform ecosystem, and shall control all kinds of fraudulent behaviors of merchants, promptly investigate and punish, such as deducting credit scores, prohibiting the sale of goods on the platform, and fully protecting the rights and interests of consumers.
In Rao Wei's view, the long-term existence of fraud and other behaviors is also related to the fact that the cost of violations of laws and regulations is too low and cannot deter some Internet celebrity anchors.
The market supervision department should increase the supervision of rectifying the indiscriminate pricing in the market, and punish the illegal acts of illegal merchants in a timely manner. Consumers should consume rationally, when they see the so-called low price in the live broadcast room, do not place an order easily, they can compare multiple platforms before considering, and should also enhance their awareness of rights protection, have a zero-tolerance attitude towards fraud, report to the Consumer Rights Protection Association in a timely manner, and protect their legitimate rights and interests through judicial channels when necessary. Rao Wei said.
*: Rule of Law**).