"Large characters attract attention, small characters disclaim liability" "Fake orders and hype" ... China Consumers Association releases the top ten typical judicial cases for consumer rights protection

On March 23, the China Consumers Association released the top ten typical judicial cases of consumer rights protection for 2025. It is reported that during the “3.15” period, the China Consumers Association and the China Institute of Applied Law conducted the selection of typical judicial cases for national consumer rights protection for 2025. Ten cases recommended by various courts, including the Beijing Third Intermediate People’s Court, Dalian Intermediate People’s Court of Liaoning Province, and the Chongqing Fifth Intermediate People’s Court, were selected. The cases focus on hot topics, difficulties, and bottlenecks in consumer rights protection, such as financial consumption, prepaid consumption, “big font attracts attention, small font exempts liability,” travel safety, seven-day no-reason returns, and “brushing orders to inflate trust.”

Recommendation of financial products to elderly consumers

Multiple factors should be fully considered

Wang某某 (over 65 years old) was recommended by a client manager at a certain bank to subscribe to three funds totaling 1.06 million yuan, incurring a loss of 219,586.34 yuan upon redemption. Wang某某 claimed that the purchase and risk assessment were conducted by the client manager, and the purchasing process was not recorded in a “double recording” (audio and video). The bank argued that the above purchases were all conducted online by Wang某某 independently, and that online sales do not apply to the offline “double recording” regulatory requirements.

The court found that the bank had flaws in fulfilling its suitability obligations to elderly clients and engaged in “offline marketing recommendations and online transactions” to evade “double recording” supervision, clearly exceeding the scope of consumer self-purchases. The first-instance court ordered the bank to bear 30% of the investment loss, compensating Wang某某 63,031.05 yuan. The second instance upheld the original judgment.

The consumer association reminds that financial institutions should fully consider factors such as consumer age, investment experience, and cognitive ability when selling financial products to elderly consumers, fulfilling suitability obligations that are distinct from ordinary investors, more targeted, and more prudent.

“Big font advertising, small font reminders” leads to misinterpretation

Consumers have the right to request contract termination

Li某 purchased a certain brand of speakers for 4,434 yuan from an official flagship store operated by a certain company in Beijing on an e-commerce platform. The product name and promotional images prominently featured the “360 dome function,” but upon receiving the product, Li某 found that the option for the “360 dome function” in the speaker’s control program was grayed out and could not be toggled. After further checking the product page information and consulting customer service, Li某 learned that the purchased product required two additional surround speakers to achieve the “360 dome function.” Li某 believed that the actions of the company constituted fraud and sued for a refund and triple compensation.

The court held that although the defendant had repeatedly indicated that the “360 intelligent dome” function “requires optional surround speakers,” this information was either displayed in small print with an asterisk on the page or suggested in an ambiguous manner such as “optional wireless surround speakers,” while the product name and main image prominently displayed that the product possessed the “360 intelligent dome” function. As the seller, the defendant had failed to fulfill their obligation to fully, truthfully, and accurately disclose product information to consumers, resulting in the plaintiff being unable to achieve the purpose of purchasing the product based on the “360 intelligent dome” function. The plaintiff had the right to request contract termination. However, considering that the defendant had provided multiple reminders on the product sales page and offered several purchasing options, the existing evidence was insufficient to conclude that the defendant had acted with fraudulent intent. The court ruled that the defendant should refund Li某 4,434 yuan and bear the return shipping costs, and after receiving the refund, Li某 would return the product to the defendant.

Live streaming brushing orders to inflate trust and “fake reviews”

Constitutes illegal business operations

Wang某某 and others accepted orders from a company in Xiamen for the purpose of profit to purchase fake traffic to “inflate popularity” for various live streaming rooms, including “Half Toothpaste,” “Awen Mini Mart,” and “Awen Convenience Store.” Wang某某 and others organized multiple people to purchase multiple phones and a large number of accounts to enter designated live streaming rooms at the same time, leave comments, and post false statements such as “purchased, very useful,” creating a false impression of many viewers and artificially inflating views and positive reviews, inducing consumers to make impulsive purchases. An audit revealed that Wang某某’s illegal business operations amounted to 538,648 yuan.

The court convicted and punished the relevant defendants for illegal business operations, sentencing Wang某某 to five years and three months in prison and imposing a fine of 80,000 yuan. Other defendants received varying prison sentences, subject to probation, and were fined, with tools used in the crime being confiscated according to the law.

The China Consumers Association expressed hope that by leveraging the exemplary effect of typical judicial cases, it can guide operators to establish compliance awareness, standardize daily business practices, and encourage consumers to enhance their rights protection capabilities and rationally defend their rights according to the law, working together with various sectors of society to strengthen joint governance of consumer rights protection and create a safe, reliable, fair, and orderly consumption environment, ultimately improving the quality of consumption.

Yangzi Evening News/Ziniu News reporter Ma Yan

Proofread by Tao Shangong