Recently several consumer fraud cases described as “consumer backstab” caught the public eye. JAVY’s executive director, attorney Ge Youshan, offered expert’s view on the issue when interviewed by media.
As Mr. Ge mentioned, those illegal “consumer backstab” activities not only hurt the consumer base, but also hurt business operators themselves, as the Law of the PRC on Protection of Consumer Rights and Interests clearly prohibits business operators from misleading consumers via obfuscated pricing and other illegal means.
For the consumers, Mr. Ge suggested that we should always treat evidence seriously when protecting our legal rights. For example, in the aforementioned consumer fraud cases, the consumer could collect evidence by taking photos of the wrong price labels, as well as keeping the transaction records or invoices, those may serve as vital evidence of fraud in later litigations.
If the business operator has committed a fraud against the customer, the latter will be entitled to claim triple damage compensation pursuant to law. And if the former refuses to pay, the consumer can file a complaint with the local administration of market regulation, or request the consumer organizations for mediation.
If the consumer has exhausted the above remedies without solving the issue, they can always file a lawsuit in court to protect their legal rights.
Mr. Ge also suggested that the consumer should always sign a written agreement when trying to purchase bulk goods or high-priced items, with detailed provisions about the item or service provided.
Not only the consumer should know how to effectively protect their own rights, but also the administration should actively interfere when consumer fraud happens, to maintain the proper market order, Mr. Ge said.
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