1. Cheating consumers in the live broadcast room can go to the industrial and commercial department or the Consumer Protection Association to complain and report. Consumers may claim compensation from both the seller and the online trading platform, or ask them to bear joint liability for compensation if they encounter counterfeit goods when purchasing goods through the online trading platform.
2. Legal basis: People's Republic of China (PRC) Consumer Protection Law.
Article 39 Disputes between consumers and business operators over consumers' rights and interests can be resolved through the following channels:
(a) negotiated settlement with the operator;
(2) Requesting consumers' associations or other mediation organizations established according to law to mediate;
(three) to complain to the relevant administrative departments;
(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;
(5) bring a lawsuit to the people's court.
Forty-fourth consumers who purchase goods or receive services through online trading platforms may claim compensation from sellers or service providers if their legitimate rights and interests are damaged. If the online trading platform provider cannot provide the real name, address and effective contact information of the seller or service provider, consumers may also demand compensation from the online trading platform provider; If the online trading platform provider makes a promise that is more beneficial to consumers, it shall fulfill the promise. After compensation, the online trading platform provider has the right to recover from the seller or service provider.
If the provider of online trading platform knows or should know that the seller or service provider uses its platform to infringe upon the legitimate rights and interests of consumers and fails to take necessary measures, it shall bear joint liability with the seller or service provider according to law.
Second, how much can I claim for cheating consumers in the live broadcast room?
1, cheating consumers in the live broadcast room can claim triple compensation.
2. The Law on the Protection of Consumers' Rights and Interests stipulates that if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the increased amount of compensation is less than that of 500 yuan, it shall be 500 yuan. Therefore, if the anchor with goods is fraudulent in promoting goods or services, the deceived consumers can also claim punitive damages.
3. Does cheating consumers in live broadcast constitute fraud?
Deceiving consumers in live broadcasts that meet the following conditions constitutes a crime of fraud:
1, the object of infringement is the ownership of public and private property.
2. The anchor uses fraudulent means (fictional facts or concealing the truth) to defraud a large number of public and private property.
3. The anchor has reached the legal age of criminal responsibility and has the ability of criminal responsibility.
4. Subjectively, the anchor is direct and intentional, with the purpose of illegally occupying public and private property.
The above content tells us that if the live broadcast room deceives consumers, you can go to the industrial and commercial department or go to the consumer protection association to complain and report. Consumers may claim compensation from both the seller and the online trading platform, or ask them to bear joint liability for compensation if they encounter counterfeit goods when purchasing goods through the online trading platform. If you still don't understand, you can consult our lawyer.