One year later, Pinduoduo lost

Zhou Shan said that a year later, Pinduoduo lost 400 yuan. Although it was only a small amount, the case was very representative. "Lawyers spend a lot of time and energy. These 400 yuan compensation looks small, but it is actually the victory of consumers."

Text ｜ North Bank

Edit ｜ Dazhi

"This TM is finally judged!" Zhou Shan (a pseudonym), who graduated from graduate, brushed his mobile phone without lift his head. Zhou Shan has always paid attention to Shanghai Lawyer Liu Yuhang sued the "Pinduoduo Case" because her graduation thesis analyzed the case as the main case.

It took more than a year, and the case of "Pinduoduo bargaining for free" after 5 trials finally ushered in the first trial judgment.

On July 5th, according to the news released by the People's Court of the Mayor of Shanghai, the court determined that Pinduoduo constituted the infringement of the right to know. The defendant in the first instance of the defendant would compensate the plaintiff for 400 yuan to the plaintiff within ten days from the date of effectiveness.

Zhou Shan said that a year later, Pinduoduo lost 400 yuan. Although it was only a small amount, the case was very representative. "Lawyers spend a lot of time and energy. These 400 yuan compensation looks small, but it is actually the victory of consumers."

Zhou Shan always believes that someone needs someone to stand up and say "no". "Otherwise, more unfairness will fall on your head sooner or later."

"A long live broadcast"

Back to March 2021, Shanghai lawyer Liu Yuhang participated in the "bargaining free" event for Pinduoduo. During the bargaining period, Liu Yuhang invited a number of friends to bargain but "0.09%" for free. Subsequently, he bargled up several other products during the "bargaining free" event, inviting a number of friends to bargain, and the platform still showed "0.09%".

Liu Yuhang believes that when Pinduoduo provides network services, he is suspected of violating the principle of honesty and trust, using false data and concealing the rules, which has constituted fraud and seriously affects the social atmosphere. Prosecution materials for infringement liability disputes.

At that time, Zhou Shan paid attention to Liu Yuhang's Weibo, and then always paid attention to the progress of the case. In her opinion, Pinduoduo was suspected of infringing consumers' right to know.

"At that time, this case also attracted a lot of attention. The media have reported it. There are many online discussions. You can feel that everyone has complained about this marketing activity of Pinduoduo." Zhou Shan said Analysis of her graduation thesis case, so she has been paying attention to Liu Yuhang's Weibo.

"It's like a long live broadcast, that is, you can't see the ending and make people suffer."

Similarly, there is also a lawyer Liu Yuhang. In his half -year Weibo, there were multiple progress on the case and his thinking about the lawsuit.

On May 2, 2022, Liu Yuhang talked about the case's decision on his Weibo that the case was not arriving, and he also responded to the concerns of a quasi -graduate like Zhou Shan from the side:

Recently, many students who were close to graduation sent me a message, saying that my case of Pinduoduo couldn't make a judgment again, and their graduation thesis could not be written. I was ashamed. It should have been able to come out before the graduation season, but Shanghai encountered an epidemic, and it is estimated that it will be postponed for another three months. Students who graduate in 22 years may not be caught up.

In retrospect, during the trial of the entire case, I made a lot of mistakes. Many views and claims were too hasty. After all, when I was prosecuted, I was completely angry. With so many friends, my lawsuit is not as good as the other party.

Therefore, I think that students all learn the Fa, have their own professional knowledge, and have their own views and evaluations of everything. It is not necessary to wait for a judgment to summarize. Maybe you can do better in the analysis and summary of the entire legal relationship!

Zhou Shan said that when she read this Weibo, the biggest feeling in her heart was mixed.

"The" excuse "of Pinduoduo is not established"

In Zhou Shan's view, Liu Yuhang sued Pinduoduo, and the lawsuit process was extremely difficult.

"At that time, cutting a knife was very popular. A large number of netizens kept trying to bargain and sent the" cut knife "link to WeChat group, relatives and friends, and thought that the next sword would be successful, but I did not expect that this was a" trap. " Shan said that it was not until Pinduoduo released a response, saying that because the page display percentage was limited, everyone understood that the so-called percentage was not 2-3, but 6 digits after the decimal point.

On January 17, 2022, Liu Yuhang posted a Weibo and brought#Pinduoduo to respond to 99.9%of the topic. He said on Weibo: A normal company now thinks how to issue an apology statement to restore public trust. A wise company, now at the night meeting, thinking about how to deal with me with more intense strikes and let me shut up.

Similar bargaining activities are staged more than once. A game anchor lived on the live broadcast room on the live "cut knife" event. 60,000 people watched the live broadcast room. After a busy afternoon, they still did not have a bargaining success.

Liu Yuhang also paid attention to this live bargaining event. On March 19, 2022, he teased on Weibo that many netizens Aite asked him to evaluate it. He felt that he was blame this anchor, and suggested that Pinduoduo prosecuted the netizens who participated in the bargaining room in the live broadcast room. "Tens of thousands of netizens are bargaining, the key is that it can't be cut. Does it expose Pinduoduo's business secrets? Do you say that it does not support Pinduoduo to prosecute?" On March 31, 2022, Liu Yuhang updated the case of Pinduoduo again The progress of the case is expected to be dragged for several months. "In fact, how to win or lose is better than me. I lose or win. It is nothing more than the sale of nine yuan and nine, which will not affect everyone's evaluation of the" bargaining "activity. If you lose, it is equivalent to being in front of the people across the country. He was slapped sharply. "He wrote on Weibo.

Zhou Shan said that when I saw the information published by the court, when the trial, Pinduoduo explained that because the page display percentage was limited, they had a percentage of more than 6 digits after a decimal point, which was omitted to 0.9%; the bargain page was cut; The displayed 0.9%, the real data is 0.9996427%. Pinduoduo emphasized that the "bargaining free lead" activity is true and effective. In the current period, more than 1,200 products have participated, and 7.09 million items have been sent. "I don't think the excuses of Pinduoduo are not" established. "

"Like a lot of slap"

On July 1, 2022, Liu Yuhang previewed on Weibo that the case after 5 trials of Pinduoduo bargained for free cases will finally usher in the first trial judgment on July 5.

"When I prosecuted, I couldn't think of it anyway. An ordinary civil case with a small target of 9.9 yuan actually needed such a long trial time. Looking back at the entire lawsuit process, I had to feel the strength of the opponent." Liu Yuhang on Weibo Written.

Zhou Shan said that although he missed the time of the paper, what the result with the nature of the public interest lawsuit was one of the things she continued to pay attention.

On July 5, 2022, the mayor of Shanghai Mayor Ning District made a judgment that the court determined that Pinduoduo constituted the infringement of the right to know. The defendant in the first instance was compensated to the plaintiff 400 yuan to the plaintiff within ten days from the date of effectiveness.

The court believes that regulating the development of the economy of the Internet platform and building a clear online trading environment are the common responsibilities of the whole society. E -commerce operators should be comprehensive, authentic, accurate, and timely disclosing activities information when carrying out "new activities" to ensure consumers' right to know. If the information disclosure does not meet the legal requirements or the existence of ambiguity, it shall bear the corresponding infringement liability for infringement of consumers' right to know. "

Zhou Shan said that when she saw this judgment, she felt "extremely comfortable", like a slap of "Duoduo".

"The court's judgment is very interesting. I think this is a reasonable judgment in accordance with the law." Zhou Shan said.

On July 5, 2022, after the judgment of the People's Court of Changning District, Liu Yuhang wrote on his Weibo: It is not easy to make a complete change of a marketing activity model involving hundreds of millions of people. "It takes step by step." A person's thinking is limited, and it requires a group force to completely change.

Zhou Shan said that she remembered that Liu Yuhang had a saying before, and was very touched by her: Some things did not need to prove what the referee was required from the beginning. "Fair and free, isn't that?

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