On January 11, the Guangdong Provincial Administration for Market Regulation held the second session of the Guangdong Anti-Unfair Competition Law Enforcement Lecture in Foshan, and announced 12 anti-unfair competition law enforcement guiding cases.
Among them, the Sam’s Club app was fined 300,000 yuan for defaulting to five-star praise.
After investigation, from October 13, 2020 to May 17, 2021,The parties use the Sam’s Club APP to sell products online. In “My Evaluation”, when the user fails to make an active evaluation of the real transaction products in time, the APP background system will automatically default to five-star praise, and the default five-star praise will be automatically calculated. If it is displayed in the favorable rate, there is false commercial propaganda about the user evaluation of the product, which deceives and misleads consumers.
The Guangdong Provincial Market Supervision and Administration Bureau stated that the above-mentioned behavior of the parties violated the provisions of Article 8, paragraph 1 of the Anti-Unfair Competition Law of the People’s Republic of China. The law enforcement agency ordered him to stop the illegal act and imposed a fine of 300,000 yuan.
“Default positive comments” are not real user comments, and false positive rate data is a misinterpretation of existing consumer comments, which will obviously mislead potential consumers and constitute false propaganda.
Law enforcement agencies have ascertained the true situation of the back-end data, and have qualitatively punished such behaviors in accordance with the provisions of Article 8, paragraph 1 of the Anti-Unfair Competition Law of the People’s Republic of China, which clearly shows that the market supervision departments have conducted false propaganda of platform data. It also provides a good demonstration effect of “interpreting the law by case” through the case guidance and standardization of the evaluation system of the e-commerce platform.
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