Lead fans to rush into online stores to place orders or even use refund service rules to cheat
Investigation on the black ash production chain of haowool
u25cf with the development of online commodity trading, the phenomenon of pulling wool is becoming more and more common. Similar to the double 11 large-scale promotional activities, but also the wool party feast. In the process of handling the case, the procuratorial organ found that the criminal groups in the related cases were obviously younger, including many students in school
u25cf haowool is not only harmful to the development of e-commerce platform operators, but also damages the rights and interests of consumers. The most important thing to prevent and control weeding wool is that the platform and businesses should do a good job in relevant work, including the formulation of relevant rules and regulations. In case of any problem or malicious explanation, you can ask for legal help and apply for cancellation
Reporter Du Xiao
Yang Meijie, intern of our newspaper
Recently, many students in school have been sued for swindling online shopping platform by using flash refund service rules, which has aroused social concern. Some netizens commented that they have no future.
Since this year, the Changning District Peoples Procuratorate of Shanghai has accepted 35 cases involving 40 people, with the amount of fraud ranging from more than 6000 yuan to more than 240000 yuan. At present, 18 of them have been prosecuted. In the process of handling the case, the procuratorial organ found that the criminal groups in the related cases were obviously younger, including many students in school.
Before that, there was a fruit online store that set 26 yuan 4500 grams of fruit to 26 yuan 4500 Jin due to operational errors. After an up master found out, he led fans to rush into the online store to place orders, resulting in an order amount of up to 7 million yuan for related products in the store. Later, the shop that was collected wool issued a notice, claiming that because of this operation error, the shop was unable to bear, and was about to close down.
With the development of online commodity trading, the phenomenon of pulling wool is becoming more and more common. Recently, the reporter of Legal Daily interviewed.
Wool party swindles refund for profit
Or super low price
According to the introduction, according to the flash refund service rules, members who meet the requirements can receive a refund from the platform after applying for a return and sending out the goods, without waiting for the goods to arrive at the platform warehouse. In the case of swindling online shopping platform by using the flash refund service rules, the suspect of the crime swindled the platforms refund by applying for return, but in fact, they did not return the goods, but occupied their own use or sold for profit.
The reporter of Legal Daily learned in the interview that the phenomenon of pulling wool not only exists in the e-commerce platform, but also may occur in the case of card coupon discount, discount code, cash red bag, etc.
Previously, according to the information released by the peoples Procuratorate of Haidian District, Beijing, Huang Xiaotian, born in 1993, used script program to falsely register 200000 accounts of a mother and baby app in batches, and screened more than 20000 accounts that could participate in the milk powder buy one free one activity for profit. The wool party that buys milk powder through this way and collects more than 20000 barrels of milk powder.
In January this year, a social e-commerce company was exposed to the existence of coupon bug, and issued a large number of reusable 100 yuan universal coupons without threshold. Later, the social e-commerce released a statement, saying that on the morning of January 20, a black and gray production group stole tens of millions of platform coupons through an expired coupon loophole and made improper profits. In response to this behavior, the platform has fixed the vulnerability as soon as possible and traced the source of the orders involved. At the same time, it has reported the case to the public security organ, and will actively cooperate with relevant departments to crack down on the black ash production groups involved.
In July this year, many haowool groups spread a link that a video website gave free one-year VIP annual card. After the link was shared on the social networking site, a large number of users swarmed into the video website to receive members, resulting in the website crash. Subsequently, the video website official said that it was a malicious act of illegal collection and resale of the rights and interests of VIP members of the website.
Similar to the double 11 large-scale promotional activities, but also the wool party feast. After double 11, the reporter of Legal Daily joined in a social group of weeding wool, many members shared the God price order in the same womens bag shop.
It is understood that on the day of double 11, many members of the group bought womens bags with a price of more than 200 yuan from a flagship store of womens bag network for only about 10 yuan. I bought two bags. In addition to calling on friends in the group to buy them, I also told two relatives and friends to buy them. I just dont know if the seller will deliver the goods, said the member who first found the loophole in the group.
Subsequently, the reporter of Legal Daily contacted the staff of the flagship store. The other side said that it had noticed these ultra-low price orders, but it was not clear how the wool party operated to buy such ultra-low price womens bags. Fortunately, the quantity of these orders is not too much, and some of them are clearance funds, so the loss is natural, but they will be delivered normally to avoid greater loss caused by complaints.
A senior wool party in the social group told the Legal Daily: I have paid special attention to a lot of wool bloggers, who are all capable people. You have to keep an eye on their Weibo when you do activities, or you will miss the offers. The day before double 11 and the day before double 11, I spent 26 hours staring at it. Its very difficult, but its very fulfilling to buy low-cost goods.
Regular release of preferential information
Fans, many businesses
The reporter of Legal Daily found that there are many bloggers specialized in collecting wool on the Internet. In addition to releasing preferential information, these bloggers also have one or more social groups organized by themselves, operate on multiple platforms, and lead fans to pull wool.
Xiao Ming (pseudonym) is a HaoMao blogger with 700000 fans, who publishes about 15 preferential messages every day. She told the Legal Daily that running such an account by herself was unintentional.
I have my own job. Its all part-time. At first, I like to search for preferential information through some rebate software. Later, when I see the special cheap preferential information, I will share it with Weibo to earn a certain rebate. Then I gradually develop this account to the present. Xiao Ming said.
Xiao Ming said that at present, there are three main ways for her to get preferential information of commodities, one is fans contributions, the other is businesses active cooperation, and the third is to find preferential information through software.
Promotion fees now tend to be higher than the cost of low-cost goods. In terms of stores, in addition to some online stores, if other stores want to do it, the amount of promotion fees that need to be invested in the early stage is very large, so many businesses choose to lose money to earn traffic, first brush up the traffic of the stores. In this way, they will also find us bloggers with a certain number of fans, and give us a discount. Lets call on fans to buy these low-cost goods and help the store increase traffic. Xiao Ming said.
The reporter of Legal Daily noted in the interview that behind some ultra-low price haowool orders, it may also hide the marketing intention of the merchants.
Over the past few days, with the continuous fermentation of the fruit online store incident that was collected wool to the closed store, some netizens revealed that the online store copied others store information, resulting in errors, and the identity of the stores person in charge who said he was a fruit farmer in Sichuan was also questioned as forgery.
Xiao Ming believes that in response to the event of pulling wool which attracted public attention, whether or not the shop intended to use the malicious hype of wool party, the up owner knew that there was a mistake in the sellers setting, and also led the fans to place a malicious order and seek compensation. She did not agree with such behavior.
At that time, I also saw the preferential information, but did not send it. Close your eyes and think about it. I know that 26 yuan and 4500 Jin oranges will not be delivered. In this way, the purpose of taking an order is definitely to compensate. I like to collect sheep, but I will never kill sheep. We are only amateurs who collect wool to take advantage of small things, but we must be conscientious. Xiao Ming said.
Meng Qiang, associate professor of Law School of Beijing University of science and technology and Deputy Secretary General of Civil Law Research Association of China law society, believes that the behavior of wool party may infringe the rights and interests of other consumers. There are some benefits that merchants are willing to give to all consumers, but if they are taken away by the wool party , they may not dare to provide normal benefits to consumers, which will damage the legitimate rights and interests of other consumers, and at the same time, it will also promote the social atmosphere of convenience and dishonesty.
Zhu Wei, a researcher at the communication law center of China University of political science and law, believes that haowool is not conducive to the long-term development of e-commerce platform operators, except for the damage to the interests of normal consumers.
For some e-commerce business models, such as e-commerce platform, wechat business, social e-commerce and so on, there will inevitably be some loopholes in the development process, which may be caused by technical loopholes or carelessness of operators. If this happens, instead of giving a friendly reminder, they will flock to collect wool, which may strangle the businesses in the development stage in the cradle. Zhu Wei said.
Operators are the key to prevention and control
Using law to protect rights actively
Recently, Beijing Internet court named wool party at the news conference on typical online shopping problems. The relevant person in charge said directly that the judicial difficulties of such cases, it is very difficult for businesses to prove whether consumers behavior is malicious pulling wool behavior, and it is also very difficult for courts to investigate and collect evidence.
Meng Qiang believes that with the popularity of mobile terminals, the rapid growth of the number of mobile phone users in China, coupled with the rapid development of e-commerce, all these lead to more convenient information dissemination. Once the profitable news of pulling wool is widely spread, it will form a kind of amplification effect. In fact, these cases of pulling wool are not rare, which can be solved through the interpretation of the effectiveness of the contract. Meng Qiang said that the wool party violated the principle of good faith in civil law.
In fact, its hard to say that most of the pulling wool is a crime against the law. Its mainly not in line with the principle of good faith in the civil law. Because there are several situations of collecting wool. One is that the merchant has made a wrong price or a wrong unit of measurement, for example, 10000 yuan is marked as 1 yuan, or 100 grams as 100 Jin, which is really the sellers own mistake. If consumers place orders normally after seeing it, it is difficult to define this kind of behavior as illegal, but it is against the principle of good faith. Meng Qiang said.
Zhu Wei thought that it was obvious that the merchants marked the wrong price, but they still drilled the holes, and they should fulfill their promises, not only violating the principle of good faith, if the amount is large, it may also involve extortion, and if the circumstances are serious, it may also violate the criminal law.
If the seller reports the commodity information based on a major misunderstanding, for example, he thinks that what he wrote is 4500 grams, but what he didnt think is 4500 Jin, which is equivalent to a major misunderstanding of his behavior, and he has been unfair to himself when signing the contract. According to the contract law, the court can be requested to change or cancel the contract. Or in accordance with the general principles of civil law, the court may also be requested to cancel the contract, and both parties may return the amount and goods to each other. Meng Qiang said.
The most important thing to prevent and control weeding is to do a good job in relevant work, including the formulation of rules and regulations, and not to make the mistake of marking wrong price, which is the most basic requirement. At the same time, businesses should also be honest and not engage in malicious marketing. In the Internet environment, it is not realistic to require zero error. Once there is a problem or someone explains it maliciously, you can seek legal help and apply for cancellation. Zhu Wei said.
Meng Qiang believes that the network platform should take the initiative and take the responsibility. It cant be handled by the system itself in full accordance with the platform process. If the business is complained, the platform will directly deduct the deposit, which is too irresponsible. Manual customer service should follow up in time, distinguish right from wrong, check the evidence provided by both parties, and judge which party is more reasonable. If the shopkeeper is expected to bring a lawsuit to the court, this method will cost too much manpower and material resources. If the trading platform can intervene in time, it will be more convenient, efficient and cost-effective. At the end of the day, it is more important to improve the legal awareness and risk awareness of network operators, be more cautious in preferential activities, and strengthen self-protection awareness in case of mistakes.
Source: editor in charge of Legal Daily: Qiao JunJing, nbj11279