The State's Determination of Illegal Consumption Rebate

In the connection of people's interests, there is a social e-commerce sales payment model with the characteristics of "team payment". In sustainable management, it is to make third-party stores profitable for a long time and exchange time for space management. If you are eligible to join by paying fees (paying membership fees) or subscribing for products (buying gift packages), and the number of people who develop is used as the basis for reward or rebate, and the level reaches level 3 or above (membership level or reward level), it is considered as a pyramid scheme crime.

If customer commissions and consumption incentives are generated in the form of points, electronic virtual currency, cash, etc. The platform party must have a Network Culture Business License.

Otherwise, it is illegal to issue points, electronic virtual currency and cash.

Not every consumer rebate platform complies with the law. Relevant regulatory authorities have jointly issued a risk warning announcement. Some platforms attract consumers' investment under the slogan of "consumption equals making money", much like pyramid schemes. This kind of activity is not a normal rebate promotion activity, which has great security risks.

Some platforms fabricate profit prospects, promise high returns, instruct or acquiesce members and franchisees to fabricate commodity transactions, and directly pay a certain percentage of fees to the platform to seek high rebates. In this way, the platform can quickly absorb public funds. Some platforms also use pyramid schemes, with the so-called "dynamic income" as bait, requiring participants to pay admission fees and "attract people to join" and get commissions through the development of offline. The above behaviors of the platform and participants are characterized by illegal fund-raising and pyramid schemes.

Consumer rebate refers to the corresponding cash rebate that consumers get from merchants when shopping. Consumer rebate model is common in modern e-commerce enterprises, and consumers get preferential treatment through this model. At the same time, consumers can also get the corresponding promotion platform fees through the consumption rebate platform, so as to realize consumer entrepreneurship. Consumption rebate is a concept based on consumption, which embodies the problem of consumers' consumption and return. It is a perfect interpretation of the connotation of interactive cooperative marketing, and it has built two "stages" for consumers: first, it allows consumers to obtain certain benefits through the platform after consumption;

If the other party uses false advertisements to sell, can consumers get compensation?

It is very common for merchants to use false advertisements to sell goods. If consumers suffer losses, they can protect their legitimate rights and interests through relevant laws and regulations and get corresponding compensation. The ways to claim compensation include negotiation, complaint and litigation.

If the other party uses false advertising sales to deceive consumers, as consumers, they may not be able to find the defects immediately. At this time, according to the specific circumstances, such as using misleading physical samples to sell goods, it is a typical false propaganda behavior and also constitutes consumer fraud.

Strictly speaking, false propaganda is not a strict legal concept, and these terms also involve two related concepts: "false advertising" and "misleading false propaganda".

1. False propaganda includes false advertisements;

2. False propaganda and misleading propaganda; Although "misleading" and "false" are in different ways, their essential characteristics can be summarized as follows: both are false propaganda, which leads to the wrong understanding of information recipients, and both are false propaganda.

Consumers may claim compensation from business operators if their legitimate rights and interests are damaged because they use false advertisements or other false propaganda methods to provide goods or services. When the amount of compensation involved is high, if the problem cannot be solved through consultation and complaint, it is suggested that it is best to consult a lawyer specializing in consumer fraud for help.

legal ground

Article 5 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall take overall responsibility for the prevention and disposal of illegal fund-raising within their respective administrative areas, and local people's governments at all levels shall establish and improve the working mechanism for preventing and disposing of illegal fund-raising under the unified leadership of the government. The local people's governments at or above the county level shall designate the lead department for the prevention and disposal of illegal fund-raising work mechanism (hereinafter referred to as the lead department for the disposal of illegal fund-raising), and relevant departments, branches and other units of the State Council financial management department shall participate in the work mechanism; Township people's governments should clearly take the lead in preventing and disposing of illegal fund-raising. The local people's governments at higher levels shall urge and guide the local people's governments at lower levels to do a good job in preventing and handling illegal fund-raising within their respective administrative areas. Industry authorities and regulatory authorities shall be responsible for the prevention and coordination of illegal fund-raising in this industry and field in accordance with the division of responsibilities.