De-listing: Wish considers the sanction to be “illegal and disproportionate”, the DGCCRF assumes

Following the announcement of the French de-listing of Wish, the site reacted and announced that it was responding with a legal remedy against the DGCCRF. The repression of fraud remains confident in its judgment.

The Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF) struck a blow, on Wednesday November 24, 2021 in the morning, by requesting the delisting of the Wish site. The site, known for its plethora of very low-cost products, is going to be deleted from search engines and Android and iOS app stores starting next week.

The repression of fraud accuses the site of marketing non-compliant products, or even sometimes dangerous for the consumer, and of not acting sufficiently effectively to ensure that the products withdrawn for the first time from the site do not reappear a handful of days after a report.

Wish will initiate legal action

The site will not be completely blocked, it is still possible to access Wish by typing the URL in your browser or by following a link shared on social networks, but no more products should go up in the Google, Bing search results. , or DuckDuckGo. This also applies to “paid” referencing, ie advertisements purchased by Wish on Google or other search engines. A blow for the platform created by a former engineer from Google.

A few hours after the DGCCRF’s hammer blow, Wish wanted to defend himself. ” Wish is still complying with the DGCCRF’s withdrawal requests and is, therefore, puzzled by the excessive approach to this issue. […] We are now taking legal action to challenge what we consider to be an illegal and disproportionate action carried out by the DGCCRF “, Said the company in a statement that Numerama received by email.

Many items sold by Wish are deemed “dangerous” by the DGCCRF // Source: Wish

But the argument is difficult to pass for the DGCCRF. Reached by Numerama, the organization explains that “ the policy of withdrawal-recall applying Wish is not sufficient. In more than half of the cases, these objects reappear. “Worse, according to the authorities the company” does not play its pole on security issues “And is not precise enough” on the mail which should specify the reasons for the dangerousness of a product “. During a recall operation, it is indeed essential to clearly inform the consumer about the risks of a product, and to make its return as easy as possible. What Wish does not do, according to the DGCCRF.

Is Wish a distributor or a host?

The issue around the Wish case is actually played out around the difference between a web host and a distributor. The first status obliges to remove the products from its platform after a report, but does not oblige to carry out tests on all the products sold. The second comes with much more responsibility. And it is on this distinction that Wish and the DGGCRF do not agree.

« As a market platform, we have no legal obligation to carry out checks on the 150 million products offered for sale on our website. Wish says in its press release. For the company, it is therefore clear that its status as a host protects it. For the DGCCRF, that’s another story. ” In view of the practices, we consider that Wish acts as a distributor », Indicates the repression of fraud in Numerama. ” Wish intervenes upstream during contract management and downstream during the after-sales phase “, Which is proof that the site is not a simple host, explains the DGCCRF. The platform does not just put Internet users and brands in contact, but is involved in the provision and return of products according to the French administration.

For the repression of fraud, the cluster of clues is therefore sufficient to legitimately hit the fingers of Wish. For its part, Wish claims to make more effort than necessary with ” a number of mechanisms designed to prevent, detect and remove listings that violate any local safety law or standard “. The case will therefore be settled in court. Refusing to comment on Wish’s response, an official from the DGCCRF just concluded by stating that ” we are concerned about the safety of consumers ».

Leave a Comment