Man’s ＂Complaint＂ 12315： Obviously, it is reported that the merchant sells fake goods. How can it be handled as a complaint？
"Your complaint meets the acceptance conditions. Please go to the Airport Branch of Jieyang Municipal Market Supervision Administration in Guangdong Province for on-site mediation on June 19th." Looking at this complaint mediation notice, Tan Ming (pseudonym) is very puzzled. He expressed his incomprehension to the reporter of the upstream news hotline 966966/ upstream news APP: "Obviously I am a’ report’, how can I become a’ complaint’?"
Reporting fakes but receiving a complaint mediation.
On May 26th this year, Tan Ming bought a hair dryer on an e-commerce platform. After receiving the goods, Tan Ming suspected that he had bought a fake because of the poor packaging and the lack of relevant brand information. "Later, I applied for an invoice, but I was directly rejected." Tan Ming feels that he may not only encounter the behavior of selling fake and shoddy products, "this enterprise is more likely to evade taxes."
△ Tan Ming’s billing application was rejected.
On the morning of June 8, Tan Ming, who thought more and more wrong, decided to report the enterprise to the 12315 national Internet platform. "I remember very clearly that after logging in to the website, I chose the’ reporting’ channel, because what I wanted was not compensation, but after reporting the behavior similar to’ selling fake goods’, I asked the relevant departments to investigate and deal with it according to the investigation facts."
△ Tan Ming’s report content on the platform.
But what Tan Ming didn’t expect was that on the afternoon of the report, the seller got through his phone and added WeChat, requesting to cancel the relevant complaint. "After that, I received the complaint acceptance letter and mediation notice from the market supervision bureau there."
△ screenshot of the conversation that the merchant actively contacted.
Tan Ming said, "According to the relevant regulations on market supervision and management of complaints and reports, my identity information should be protected, but the accepting unit informed the’ reported person’ of my’ report’ as a’ complaint’. Can the two be switched?"
"Reporting" or "Complaining" needs to be reviewed and decided.
The reporter immediately logged on to the 12315 national internet platform and found that "complaints" and "reports" were displayed on the home page in two channels. Articles 5 and 6 of the "Notice for Reporting" pop up by clicking on the "Reporting" channel clearly indicate that due to the different handling procedures of reporting and complaints, the reporting cannot contain complaints, and the platform will keep the informer’s information strictly confidential.
How to make sure that your report does not contain complaints? The staff of the 12315 Consumer Complaint Reporting Hotline explained that reports and complaints do belong to two acceptance channels, and the biggest key point to distinguish them is whether consumers have "demands". "If there are, they will be accepted by the complaint channel, and if not, they will be accepted by the report channel."
So why is Tan Ming’s "reporting" content treated as a "complaint"? "Because there are often complainants who can’t distinguish these two concepts, we will actually judge the specific content of complaints and reports when we review them." The relevant staff of the Airport Branch of Jieyang Municipal Market Supervision Administration of Guangdong Province told the upstream journalist, "If the complainant has other needs, such as not wanting to be mediated or insisting on reporting, he can contact us at any time to communicate."
Lawyer’s statement > >
Differences and requirements between complaints and reports
Are complaints and reports the same thing? Liu Xian, a lawyer of Beijing Deheheng (Chongqing) Law Firm, believes that to answer Tan Ming’s doubts, it is necessary to follow the Interim Measures for Handling Complaints and Reports of Market Supervision and Management, which came into effect on January 1, 2020. This method is an effective law and regulation on the handling of consumer complaints and reports by market supervision and management departments.
According to the provisions of Article 3 of the Measures, complaints and reports are clearly defined by law: reporting refers to the behavior that natural persons, legal persons or other organizations report to the market supervision and management department that operators are suspected of violating the laws, regulations and rules of market supervision and management; Complaint refers to the behavior of consumers who purchase or use goods or accept services for their daily consumption, have a dispute with business operators about consumers’ rights and interests, and request the market supervision and management department to resolve the dispute.
"Therefore, if there is a consumer rights dispute with the merchant due to the purchase of goods, it is a complaint; If it simply reflects illegal business operations, it is a report. " Liu Xie said that from the content reflected by Tan Ming alone, it is more likely to be characterized as a "complaint" because there is controversy about the goods he personally purchased.
Liu Wei introduced that if consumers want to complain, they should provide relevant information such as name, telephone number, mailing address, name and address of the respondent, and explain that the complaint request is the fact of consumer rights dispute; If you want to report, you should provide clues suspected of violating the law and be responsible for the authenticity. The market supervision department shall keep confidential the relevant information and handling of the informant and shall not disclose it to irrelevant personnel.
Upstream journalist Chen Yuwen/map
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