With the rise of short videos and live streaming for sales, some criminals have begun to use this emerging platform for selling counterfeit goods. Recently, the Baoshan police in Shanghai have successively cracked three cases involving counterfeit goods sold through "live streaming sales" in the "Sword 2024" series of actions. The involved goods range from cosmetics to sports products, and even to well-known brand handbags, with a total amount involved exceeding 100 million yuan.
Case one: Counterfeit brand sunscreen live sales. At the end of 2023, Ms. Li purchased a sunscreen at a price much lower than the market price in a live streaming room of a well-known sales anchor, only to later discover that the product was counterfeit. After investigation by the Baoshan police, a criminal gang involved in the entire chain of counterfeiting and selling, led by Li and Lin, was discovered. This gang obtained distribution permits by purchasing genuine products, then contacted counterfeiters to produce counterfeit products, and sold them through live streaming sales by internet celebrities. Currently, the main suspects such as Li and Lin have been criminally detained according to law.
Case two: Counterfeit well-known brand badminton bags. In March of this year, the Baoshan police received reports from the public that a certain online store was selling counterfeit well-known brand badminton bags at prices lower than the market price. After three months of investigation, with the cooperation of the Guangdong police, the police successfully destroyed a criminal gang involved in manufacturing and selling counterfeit goods, led by Li, arresting more than 10 criminal suspects and seizing nearly 10,000 counterfeit products, involving an amount of over 10 million yuan. This gang set up underground counterfeit manufacturing bases in the outskirts of Guangzhou, selling counterfeit products at one-third the price of genuine ones through live streaming sales.
Case three: Live selling of counterfeit well-known brand leather bags. At the end of 2023, a well-known leather bag brand reported to the Baoshan police, stating that they had received numerous consumer complaints about product quality issues. After investigation by the Baoshan police, a counterfeiting gang led by Liu and more than 20 production, packaging, and other links involved in counterfeiting were identified. On April 11, the police launched a crackdown operation, dismantling more than 20 production bases and arresting more than 20 criminal suspects, involving an amount of over 50 million yuan. This gang purchased components and packaging materials from brand-authorized processing plants, manufactured products through scattered small workshops, and then sold them through live streaming sales at half the price of genuine products.
Judicial case: Warning of related case judgments
Recently, the Beijing Internet Court concluded a contract dispute case arising from live streaming sales. Ms. Xia sued the sales anchor Ma and seller Company A to the court for issues such as inconsistent shipping locations, exaggerated sales volume, and false advertising related to the liquor purchased through a certain platform's live streaming room.
In the case, Ms. Xia purchased six bottles of liquor from Company A sold through Ma's live streaming room link, paying 1197 yuan. However, after receiving the goods, Ms. Xia found that the actual shipping location was inconsistent with the shipping location stated on the product details page, believing that Company A engaged in fraud. In addition, Ma repeatedly claimed in the live stream that "it's over after selling 1000 units," etc., which Ms. Xia believed to be fictitious and exaggerated sales volume. At the same time, Ma claimed that the market price of the liquor involved was six to seven hundred yuan per bottle, which was inconsistent with the actual market price, and Ms. Xia believed it to be false advertising.
Ms. Xia requested the court to revoke the order in question, require Ma and Company A to refund the price, bear the return shipping costs of the goods, and provide triple compensation. After trial, the Beijing Internet Court found that the behavior of Ma and Company A constituted fraud and supported Ms. Xia's lawsuit.
The conclusion of this case highlights the issues of false advertising and fraud in live streaming sales, reminding consumers to enhance their legal awareness and safeguard their legitimate rights and interests while enjoying the convenience of live shopping. At the same time, it also raises higher requirements for the regulation and supervision of the live streaming sales industry, urging relevant companies and individuals to comply with laws and regulations and operate with integrity.
Consumers: How to Protect Personal Rights
Consumers, while enjoying the convenience of shopping, also face new consumption risks. When encountering scams during live shopping, how can consumers efficiently protect their legal rights? Below is a detailed step-by-step guide.
Step One: Preserve Evidence. Once consumers find that the goods do not match the description in the live stream or they have not received the goods after payment, they should immediately preserve electronic evidence. This includes screenshots of the live stream product display, promises made by the host, screenshots of the payment process, transaction records, and chat records with customer service, among others. Detailed electronic evidence is crucial for successful rights protection.
Step Two: Contact the Operations Team and Customer Service. After discovering the problem, consumers should promptly contact the live streaming platform's operations team, host, or customer service to clearly state the issue and provide the collected evidence. If the issue cannot be satisfactorily resolved, consumers should immediately resort to the consumer protection system provided by the live streaming platform.
Step Three: Utilize Third-Party Payment Platforms. Many live shopping transactions are conducted through third-party payment platforms such as Alipay and WeChat Pay. Consumers can use the dispute resolution mechanisms provided by these platforms for rights protection. In fraudulent transactions, consumers may have the right to receive compensation in advance.
Step Four: Seek Assistance from Consumer Associations. If the amount involved is large or if the issue cannot be resolved through coordination, consumers can complain to local consumer associations or seek assistance from professional lawyers to prepare for litigation. The Consumer Rights Protection Law grants consumers core rights such as the right to know, the right to choose, and the right to fair transactions, which are also protected by law in live shopping.
Step Five: Authority Inspection and Legal Litigation. Taking the example of purchasing pure gold jewelry but receiving gold-plated products, consumers can submit the goods to authoritative quality inspection agencies for testing while conducting basic rights protection operations. They can obtain legally effective appraisal reports to serve as powerful evidence for rights protection.
Faced with fraudulent behavior in live shopping, consumers need to calmly and efficiently collect and preserve key evidence, lodge complaints and appeals through various channels such as live streaming platforms, third-party payment platforms, and consumer rights protection organizations. They should also take legal measures in a timely manner to actively protect their legitimate rights and interests. This not only protects consumers' own interests but also helps promote the healthy development of the entire live shopping industry.
Dingxiang Defense Cloud Business Security Intelligence Center reminds consumers to remain vigilant while enjoying the convenience and benefits brought by live streaming sales, avoiding purchasing counterfeit and inferior products. Consumers should purchase goods through formal channels and pay attention to details such as the price, packaging, and quality of the products during the purchasing process. If problems are discovered, they should immediately report them to the relevant authorities.
