The lawyer's prosecution to win the first trial, the court: "cut a knife" to infringe the right to know

Radar finance produce | Zhang Kaijing editor | Deep Sea

Liu Yuhang, a Shanghai lawyer Liu Yuhang, who had used false data to conceal the rules and fraudulent consumers during the "Get Kating Free" activity.

On July 5th, the People's Court of Shanghai Mayor Ning District claimed that Liu Yuhang complained to Shanghai Mengxun Information Technology Co., Ltd. (Pinduoduo Operation Company) network infringement liability disputes in accordance with the law. The court determined that the defendant did not constitute the fraud that Liu Yuhang claimed and constituted the infringement of the right to know. The defendant in the first instance judged the defendant to compensate the plaintiff Liu Yuhang 400 yuan within ten days from the date of effectiveness; the rest of the lawsuit request of Liu Yuhang was rejected.

On the same day, Liu Yuhang reposted the verdict in the circle of friends, and wrote the text "Little Wins".

However, this does not mean that the case has ended here.

On July 6, Liu Yuhang said to the radar financial: "I think there is a possibility of appeal in this case, because fraud is 'intentional', and infringing the right to informed knowledge is 'great intention'. I don't recognize it."

The court believes that Pinduoduo "cuts a knife" to infringe the right to consumers' knowledge

Radar Finance learned that the court believed that Liu Yuhang failed to bear the responsibility for proof of proof of the fraud claimed.

First of all, the existing evidence in this case was not enough to prove that the defendant pushed him all six fraud information to him before Liu Yuhang's purchase of the acceleration gift package; secondly, from the perspective of the purchase path and use rules of the accelerated gift package, the purchase gift package was only involved in bargaining bargain The options for activities, rather than the options, ordinary consumers will not confuse "accelerated" with "packaging". Furthermore, combined with the fact that the facts have been found, Liu Yuhang used a gift package to cut 0.03 yuan. It is basically consistent with the description of the "maximum of 3-8 people to cut"; in the end, Liu Yuhang did not prove that the defendant had fraudulent behaviors such as fictional prizes and false lottery.

At the same time, the court determined that Pinduoduo had some flaws of the disclosure of the bargaining progress information, violating Liu Yuhang's right to know the "bargaining free" activity.

The judgment mentioned that the defendant's disclosure defects in this case mainly involved inaccurate, ambiguity, and inconvenient links to the bargaining rules. If the operator can disclose relevant information to consumers in time, accurate, and intuitively, it can reduce some consumers a certain time, energy, connection, traffic and other expenditures. Although these losses do not constitute tangible damage to the existing property of users, they also have property attributes from the content of the loss and should be protected.

In Liu Yuhang's view, there are two points of the greatest practical significance of the judgment of this case: first, the judgment clearly confirms that the merchant's marketing activities should protect consumers' right to know the content of the activity; The expenditure has property attributes and should be protected.

Will there be the next "Liu Yuhang"?

The original committee of this case dates back in March 2021. At that time, Liu Yuhang participated in Pinduoduo's "bargaining free" activity. After receiving a "super -free card", he selected a mobile phone to bargain according to the operation of the platform prompts.

Immediately afterwards, the system showed that Liu Yuhang had reached the "first place in the bargaining progress", "more than 99%of users", and just invited a few friends to get the product for free. Liu Yuhang thought he was close to success, so he invited colleagues to help bargain, and also bought a "acceleration gift package" service of 9.9 yuan in the Pinduoduo APP.

However, Liu Yuhang quickly discovered that no matter how many friends invited, the final progress stayed at 0.9%, and after clicking other bargaining products, the system was "first place in bargaining" and "more than 99%users" and other display. The information is exactly the same as before.

Liu Yuhang believes that when Pinduoduo provides network services, he is suspected of violating the principles of honesty and trust, using false data, and concealing rules, which has constituted fraud and seriously affects social atmosphere. In theory, every consumer who uses Pinduoduo bargaining services for free has the opportunity to become the right holder of the lawsuit.

In this regard, Tang Jiangrong, a senior director of Pinduoduo Legal Affairs, responded at the first time that the "consistent difference between 0.9%" reflected by consumers was because some "free chop" products were large, and the amount of a small number of users cut off was pulled out. Not enough to make the percentage change, so consumers think that bargaining has not changed.

In the process of subsequent defense, Pinduoduo also said that the total amount of the product was 2799 yuan, the plaintiff's cutting amount was 2771.01 yuan, and the remaining amount was 27.99 yuan. Display "1%free of charge". After that, the plaintiff obtained the amount of 0.01 yuan by "completing a click -in task", the remaining amount was 27.98 yuan. 00.9%difference ".

Radar Finance noticed that "cutting a knife" has also developed derivative versions, such as "cash turntable", but these activities have been lamented by consumers "the last knife is difficult."

To this day, Pinduoduo's personal center also has a "daily cash" activity. The radar financial test found that after the first click in, the page will show that the hand is excellent, and only 2%can withdraw 100 yuan into the WeChat wallet. If you want to complete the 2%, you must share the event with your friends. From this point of view, its routine is exactly the same as the previous "cutting knife".

However, some users also said to radar Finance that they have successfully withdrawn, and they only need to invite 10 friends, and they do not have to participate in new users.In fact, although "cutting a knife" was once a traffic password that was able to achieve crazy growth, in the internal performance score in the first half of 2021, the "cut knife" project has been rated as the lowest.

Even so, from the perspective of the industry, similar activities will not disappear from the rivers and lakes. After all, business development always has path dependence.

In this context, will the second "Liu Yuhang" appear?Radar Finance will continue to pay attention.

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