Consumer Protection for Facebook Live Sales

Abstract

Online sales are activities brought by interactive channels of communication to connect with users all around the world.  The sales in the social network are widely popular as a device for communication with customers. In Thailand, one of the most favorite social network for Thai people is Facebook. To this, “We are social” the digital agency of the United Kingdom has revealed that Thailand was ranked no.8 in the world of Facebook used in 2018 and Bangkok, the capital of Thailand was ranked no.1 in the world of Facebook used. In 2016, Facebook has launched a live streaming function or called “Facebook Live”. This function is very powerful when someone would like to share feeling, information, or merchandise in the form of Live show and has been brought to be a channel for sales effectively. It matched with the lifestyle of Thai people who live in big cities and use Facebook for leisure time.

The online activities make people more convenient than the past as they will not face up with a traffic jam in cities when they go shopping or no need to compete with others who select the same product or etc.

The method of selling via Facebook Live is simple. Namely, the seller will turn on the function live streaming which anyone who has a Facebook account can join that the live show and purchase some interesting products during the live sales.

The payment mainly is paid by transferring to the seller. They will inform the bank account no., as the buyer will transfer to such account for purchasing as the sales agreement. Once the seller received a notice of payment, they will deliver an ordered product to the buyer via post or logistics company such as Kerry Express. This company has ever received the award of “MARKETEER No.1 Brand Thailand 2018” in the part of the delivery/logistics business.

However, not everyone receives the goods ordered or perhaps the goods have a defect. Once problems occur, it is hard to difficult for the buyer to contact the seller for seeking a refund/reimburse due to Facebook does not require personal information of the user in the process of registration, House registration No., Identity Card No., etc.

Thailand nowadays has a general law aims to protect a consumer namely Consumer Protection Act 2522, Direct Sales and Direct Marketing Act B.E. 2545 (3^rd amended, B.E. 2560). Which the scope of protection is insufficient to protect a consumer from Facebook Live Sales.

The Author then has studied in order to solve the problems. The results come out that the Thai existing consumer law especially Direct Marketing Act B.E. 2545 (3^rd amended, B.E. 2560) is not covered to protect a consumer for Facebook Live Sales. Therefore, Direct Marketing Act B.E. 2545 (3^rd amended, B.E. 2560) should be amended soonest possible.