“Le Pin Shanghai” consumption vouchers were snatched up by scalpers and resold. Lawyers state that serious cases could constitute the crime of illegal business operations.
Recently, some netizens posted on social media, expressing frustration over their inability to obtain consumption vouchers for “Le Pin Shanghai.” One user commented, “It’s getting harder to grab them even when timing it perfectly. They’ve all been resold by scalpers using ‘technology’ on Xianyu. The scalpers don’t lose out if they can’t sell them, but the real losers are the businesses trying to increase sales through subsidies and those of us who genuinely want to dine out. I wonder if calling 12345 will help.”
A reporter from The Paper found that many users on social media lamented that previously, vouchers could still be obtained half an hour after their release, but now, even when they try to grab them right at the start, they are unsuccessful. One user commented, “If I get a voucher, I’ll use it; if not, I won’t spend. I absolutely refuse to accept vouchers from scalpers. Not spending saves me money.”
Ms. Guo, a citizen, told the reporter that she participated in two rounds of the “Le Pin Shanghai” voucher distribution. During the previous round, it was relatively easy to grab vouchers. To obtain the vouchers released on December 7, she set an alarm for 9:58 AM and entered the voucher collection page right on time. However, as soon as it hit 10 AM and she refreshed the page, the vouchers were “gone in seconds.” Compared to her previous experience where she could choose from different tiers, this time was much worse.
Another citizen, Ms. Gao, has participated in several rounds of voucher collection. “Both ‘Le Pin Shanghai’ and ‘Le Enjoy Pudong’ are becoming noticeably harder to grab,” she said. Ms. Gao mentioned that she sets alarms and countdowns when trying to grab vouchers. “In the past, I could get vouchers from several platforms, grabbing one before moving on to another. Now, I focus on just one platform, and even then, I might not succeed.”
On second-hand platforms, various consumption vouchers are being listed for resale by scalpers. On the afternoon of December 7, a reporter from The Paper searched for “Le Pin” on Xianyu and found numerous restaurant and accommodation vouchers being offered for transfer. Some sellers listed the price for a single voucher, while others indicated the total amount the buyer would need to pay. For example, a voucher worth 1,000 yuan with a 300 yuan discount was priced at 90 yuan for a single voucher transfer. After using the voucher, the buyer would pay the total amount minus 300 yuan, plus the voucher price. Another listing priced at 830 yuan assumed the buyer would spend exactly 1,000 yuan, meaning they would pay 130 yuan for the voucher. If the buyer’s actual spending exceeded 1,000 yuan, the seller would adjust the amount during payment.
Since the vouchers are linked to the account of the person who obtained them, they must be used by that account. Therefore, buyers need to transfer the corresponding amount to the seller before the seller uses the voucher to pay for the discount. For instance, one seller told the reporter that if the buyer contacts him in advance with the checkout amount, they can find a random link to purchase, and he would adjust the price. After the reporter made the payment for the item, the seller would send a payment code for the buyer to scan and pay at the restaurant. When the reporter raised concerns about the seller not paying after receiving the transfer, the seller replied, “If you’re worried, you don’t have to buy.”
The seller outlined the transaction process in the product description. After the reporter purchased the item and made the payment, the seller sent the payment code.
The reporter received the food and the bill.
The seller informed the reporter that the entire transaction would incur a 0.6% fee on the platform, while direct transfers to individuals would not involve any fees. To test this, the reporter bought a voucher priced at 45 yuan for a 300 yuan discount. Later, at a restaurant, the reporter spent 346 yuan and used the previously purchased “300 yuan off 90 yuan” voucher, needing to pay the restaurant 256 yuan. Including the 0.6% fee, the seller had the reporter purchase a product link priced at 257.54 yuan and sent a payment code for immediate payment. Adding the 45 yuan spent on the voucher, the reporter’s total expenditure was 302.54 yuan, resulting in a savings of less than 44 yuan.
On a seller’s display page on Xianyu, the reporter noted that in addition to the “Le Pin Shanghai” vouchers, the seller was also offering accommodation vouchers for “Le You Shanghai” and had already sold “Le Enjoy Pudong” vouchers.
Some netizens on social media suggested improving the usage restrictions on consumption vouchers, proposing that “vouchers should only be usable when precise location services are enabled, allowing use only when in the vicinity.” Others called for reporting scalpers on Xianyu, receiving support from fellow users. Additionally, some users shared screenshots of complaints submitted through the “Shen Ban” app, indicating they were still being processed.
On December 9, Shangguan News also reported on the difficulty of obtaining district-level consumption vouchers in Shanghai. The report mentioned that a group of scalpers organized WeChat groups to use virtual location software to grab vouchers from different areas. In response to the issue of scalpers reselling district-level vouchers in Pudong and Jing’an, relevant authorities stated through the 12345 citizen hotline that they were considering a joint crackdown with the district’s commerce commission, market regulation department, and public security bureau. Citizens who discover similar illegal activities are encouraged to report them immediately to prevent the escalation of unlawful behavior.
As of 6 PM on December 9, the reporter observed that sellers on Xianyu were still offering “Le You Shanghai accommodation vouchers” and “Le Pin Shanghai dining vouchers.”
Lawyer: Sellers with serious offenses may face charges of illegal business operations.
Regarding the resale of consumption vouchers by scalpers on third-party platforms, a reporter from The Paper consulted Li Xiaoyan, a lawyer from Beijing Jincheng Tongda & Neal (Shanghai) Law Firm, about the legal risks for sellers and buyers.
Li Xiaoyan explained that according to relevant Chinese laws, “scalping behavior,” which involves reselling tickets for trains, boats, cultural events, or other valuable tickets, is illegal. The legal consequences and penalties for such actions depend on the specifics of the behavior, severity, and amount involved.
Specifically for sellers on Xianyu reselling “Le Pin Shanghai” vouchers, if they are merely reselling and the amounts are not significant, such actions violate the Public Security Administration Punishment Law of the People’s Republic of China, which could result in detention for more than ten days but less than fifteen days and a fine of up to 1,000 yuan. If the vouchers being resold are counterfeit and the amounts are substantial, exceeding 100,000 yuan, such actions would constitute the crime of counterfeiting and reselling valuable tickets, which could lead to imprisonment for up to two years, criminal detention, or control, along with fines ranging from one to five times the ticket value. If the resale of restricted vouchers disrupts market order and is deemed serious, it could constitute illegal business operations, punishable by up to five years of imprisonment or criminal detention, along with fines ranging from one to five times the illegal gains.
As for buyers of “Le Pin” vouchers on Xianyu, while their actions may not constitute illegal or criminal behavior, they bear the risk of the vouchers being unusable and the difficulty of claiming compensation from the seller due to obtaining the vouchers through unofficial channels.
Currently, the “Le Pin Shanghai” consumption vouchers have entered their third round of distribution, with three batches released on December 7, 14, and 28 at 10 AM.
