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Hire a hand to send an empty package to the General Administration of Market Supervision “dismantling” a single routine | E-Commerce Law_Sina Finance_Sina

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Original title: Hire a hand to send an empty package to the General Administration of Market Supervision to “dismantle” a single routine

Source: Beijing Commercial Daily

In addition to bringing huge economic benefits to traffic monetization, it also breeds cheating behaviors such as “scratching orders and speculating letters”. On July 28, the State Administration of Market Supervision issued ten typical cases, involving fictitious traffic with live streaming, fake transactions, bid A and B, and other behaviors. In the next step, new methods such as “sending empty packages” will become the focus of the attack. Experts said that there is a large group of fraudulent transactions and various and complex transaction methods. The trading platform should further improve the credit evaluation system, consumers should improve their self-discrimination ability, and the regulatory authorities should further strengthen law enforcement.

Falsification of live data

In the Internet age, the number of fans, views, and likes “everything can be swiped.” In the case released by the State Administration of Market Supervision this time, one of the parties involved did live video marketing on the Douyin platform for clothing sold by Xiongzhida apparel dealers in Changfu Street, Changshu City. On January 19 this year, when the parties involved in a live broadcast event, they hired a special “water army” to enter the live broadcast room to scramble for false traffic, increase the number of people online during the live broadcast, create a false high popularity atmosphere in the live broadcast room, and deceive and mislead the public. He was eventually fined 23,000 yuan.

In 2020, the State Administration of Market Supervision stated in the “Guiding Opinions on Strengthening the Supervision of Webcast Marketing Activities (Draft for Comment)” that “scraping orders and speculation” such as fictitious transactions, unauthorized deletion or fabrication of user reviews are the current regulatory authorities. The focus of investigation.

In recent years, online shopping festivals have become hot, but after the craze, chicken feathers usually remain. For example, in November last year, the State Administration of Radio, Film and Television issued the “Notice on Strengthening the Management of Online Show Live and E-commerce Live Broadcasting” to regulate data supervision and other aspects. Many of these regulations mention falsification of live data, requiring platforms to conduct key management of high-traffic, high-transaction, and high-rewarding head live broadcasts, establish a monitoring and review mechanism that integrates humans and machines, and maintain an honest market environment.

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Attorney Gao Tongwu, a senior partner of Beijing Yingke Law Firm, pointed out in an interview with a reporter from Beijing Business Daily that the act of tracing orders and speculating letters is an act of unfair competition of “false or misleading commercial propaganda”, according to the “Administrative Measures on Internet Transactions” “Article 19, Articles 17, 85 of the E-Commerce Law, Articles 8 and 20 of the Anti-Unfair Competition Law, merchants will face a fine of more than 200,000 yuan, a fine of less than 2 million yuan, and the revocation of business licenses, etc. Punishment.

“Old customers” “swipe hands” boost

In the industry chain of scalping, a large and secret role is “hands slashing”, and they have become the main source of false data. Some of these brushes are developed through old customers. In the case, there was a shop owner who used Taobao Wangwang to contact consumers who had placed an order, saying that he could give a small gift by participating in the shop activities according to the process.

Consumers search for a certain product keyword in the store and place an order for payment. The boss does not place an order for the product, but some small gifts. After the logistics arrives, the consumer is required to confirm the order and give a good comment, and the boss will pay the principal and commission Return it to the consumer. In this way, through the way of giving small gifts to “take A and send B”, from November 2 to December 23, 2020, this shop has made a total of 372 orders.

In addition to regular customers, internal employees, relatives and friends who participate in order reading, there are also businesses that hire professional teams to “swipe hands” to help “swipe orders and speculate letters.”

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Ms. Wang, who had participated in order checking, told reporters from Beijing Business Daily that she used her spare time to check traffic for multiple short video platforms. For this reason, she was equipped with 6 mobile phones and automatic order checking machines. Her task was to watch short videos on the platform every day. Videos and advertisements to increase clicks and get rebates. “It’s relatively easy to check orders. You can make a little pocket money after work. In a month, you can make less than 500 yuan,” she said. However, Gao Tongwu reminded that the hand-washing in this industry chain may also need to bear civil liability. “The act of swiping hands and bills violates the relevant service agreements of the e-commerce platform and is a breach of contract. The e-commerce platform has the right to request the swiping hands to bear the responsibility for breach of contract.” He said.

Sending empty packages is the focus of the next step

In response to the severe crackdowns by the regulatory authorities on the behavior of order-swiping, the methods and characteristics of online-swiping orders are constantly updated. At present, the new method of “sending empty packages” has gradually attracted the attention of the regulatory authorities.

By “sending empty parcels”, the way to swipe orders is “logistics swipe orders”. The General Administration of Market Supervision stated that some criminals control multiple websites that sell empty express parcels and sell a large number of express tracking numbers. These courier tracking numbers are either idling through the express logistics platform, or “sending empty packages” through offline logistics channels to provide false logistics information to illegal businesses.

The case shows that in December 2020, a merchant began to implement fictitious trading activities on Taobao and Jingdong platforms, choosing specific products to formulate a plan for ordering. By analyzing the search habits of customers, formulating matching search terms, arranging operations staff to place orders with “hands” according to the established order plan, simulating real customers to browse, consult, and place orders. The parties concerned send empty envelopes or parcels to “Swipe Hand” according to the mark of the order transaction. After the “Swipe Hand” confirms the receipt, the product will be given a full score. This completes the entire process of “sending an empty package” to brush the order.

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It is worth noting that “sending orders and speculating letters” by “sending empty packages” requires the cooperation of logistics companies to deliver empty packages or put small gifts in empty packages, and complete transactions through “logistics” fraud. Strong concealment. The General Administration of Market Supervision stated that this is the next stage of the illegal behavior that the regulatory authorities will focus on cracking down on.

“The act of ordering will eventually go to the express company. If the seller actually does not ship the goods but just colludes with the express company, it will also facilitate the completion of the act of ordering.” Gao Tongwu said, “In addition, the empty package network may need to bear the responsibility of the ordering platform. For similar criminal liabilities, some courts have found that the operator of the empty packet network constitutes the crime of illegal business operations.”

As a kind of sales fraud, order-swiping violates the relevant provisions of the “Anti-Unfair Competition Law” and the “E-Commerce Law”, so why is it that order-swiping behavior is repeatedly prohibited? In Gao Tongwu’s view, the main difficulty in cracking down on order fraud lies in the large number of order fraud groups, diverse and complex trading methods, and often a mixture of true and false transactions, which makes it difficult to achieve fine-grained supervision. He suggested that the trading platform should see the deep-seated reasons for the existence of scalping from the rules of e-commerce, and further improve the credit evaluation system, consumers should improve their self-discrimination ability, and the regulatory authorities should also strengthen law enforcement.

Beijing Commercial Daily reporter Tao Feng Lu Yinling

Massive information, accurate interpretation, all in Sina Finance APP

Editor in charge: Yang Yalong

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