There are various ways in which investigations are triggered, such as the provision of information from related businesses or organisations and general consumers, ex officio detection, and whistleblowing. In order for a consumer to seek remedies from a business, it is necessary for the consumer to make a claim for damages on the basis of tort liability or product liability. If consumers seek relief from businesses, they must make a claim for compensation based on tort liability, etc. to explain a risk of loss of principal and important portions of the transaction structure when selling financial instruments, such as savings and insurances, and prohibits the provision of conclusive evaluations on uncertain matters. This system came into effect in 2016; however, as of today there have been only three lawsuits filed. t�h�ed�2thj�g �&2P���% �B�4�c=CC45ƦFz`ÐU�� ���X1� �yE_��$���w88��K��8�R������͡x�����L����xw@ ���G$@���G,�=ѻ��7�*%6���*���iHL��z�A��$�E�6�ZIy*�0�*"7|J@@+Qn�qV�0O���* 4~���m ��5mԴQ�F�i ��5mԴQ�F�i ��5m M�t�},� ��keZ�$n����{1���!Aq$sr�#pO�w�$���@�F�}��` ��̚M� �9 However, according to the guideline, notifications require manufacturers, importers, retailers, and repair businesses of products to submit reports to the National Institute of Technology and Evaluation (NITE) in the prescribed format. The Installment Sales Act stipulates the obligations of the business for each type of contract category. 2.19 What remedies are available for a breach of the protections/prohibitions relating to Conduct? Business Opportunity Sales Transactions (transactions in which a consumer is solicited on the grounds that the consumer will receive income through engaging in business activities and causes the consumer to buy and bear the cost of goods, etc. �V薠�iM7䄼����)� �� ���Z)Y� ��F^M+d���)�ln����JN���Y���b(x8Am�:cc�A�=,��L�A\�P= �����LL�@�pf>���1�3�a��)PDA In addition, if a business wishes to seek the revocation of a disposition, it may file a lawsuit for revocation under the Administrative Case Litigation Act. If so, please describe these prohibitions/protections. Other unjust misrepresentations (misrepresentations designated by the Prime Minister). Multilevel Marketing Transactions (transactions of goods or services, wherein a person is induced to sell such goods or services by the possible receipt of a profit, and transactions that involve burden are carried out with such a person). Furthermore, the act stipulates: the right to rescind the case of conveying false information; that the right to terminate the individual credit contract will be granted in the case of excessive sales; and that consumers are entitled to receive a refund of the advance payment by exercising these rights. 1 0 obj Japan is a member of OECD’s Committee on Consumer Policy (CCP) and the International Consumer Protection and Enforcement Network (ICPEN). In principle, a business can choose freely whether to file a request for review or a lawsuit for revocation. When a business subject to an administrative disposition wishes to seek revocation or modification of a disposition by an administrative agency, it may file a complaint under the Administrative Complaint Review Act. In addition, the Minister of Economy, Trade and Industry has the authority for nationwide manufacturers, labelling contractors and wholesale sellers; the Director-General of Economy, Trade and Industry for manufacturers, labelling contractors and wholesale sellers at the level of only one jurisdiction of Economy, Trade and Industry; the prefectural governor for retail sellers at the level of only one prefecture; and the mayor for retail sellers at the level of only one city. Practice Areas > The following are examples of these protections being enforced: 2.21 Does consumer law in your jurisdiction have any other prohibitions/protections not covered by the questions above? of Specified Products have to inspect the Specified Products and they cannot sell such products without labelling them with the PSC mark –, “Special Specified Products” (i.e., Specified Products for which the manufacturers or importers thereof have not sufficiently ensured the level of quality necessary to prevent the endangering of the lives or health of general consumers, as specified by a Cabinet Order. Additionally, the system Court Proceedings for Redress for Damage described in question 2.5 is not available in cases in which the safety of goods or services is problematic, because it is restricted to contract-related disputes and also excludes life and bodily injury. stream In practice, manufacturers, etc. The Minister of Health, Labour and Welfare can establish the criteria for the methods of producing, processing, using, cooking, or preserving food or additives and establish standards for the ingredients. In addition, the Cross-border Consumer center Japan (CCJ) has been established as a consulting service for consumers who encounter troubles in trading with overseas businesses. Under the Consumer Products Safety Act, the following products have their safety regulated by other individual laws and are subject to such regulations, and so are excluded from Consumer Products [regulatory laws are in square brackets]: The Product Liability Act exempts the manufacturer or importer, etc. 2.13 Are there mandatory reporting requirements with respect to the safety of goods or services? ), and matters to be complied with by businesses when labelling), etc. It depends on individual laws. 2.20 List at least two examples of public or private enforcement of the protections relating to Conduct in the last five years, including the breach/alleged breach, result and penalties imposed. The Product Liability Act covers “products”; namely, a movable property which is manufactured or processed. to the METI. �0E�W�,�L��Z苾��O��o��I�Z)��d��9O��I�|?UjL`�Х�ƅ�K�S��=r%�Q The Act on Sales, etc. As a civil regulation, the Product Liability Act is important. The court approved the liability of a soap manufacturer and ordered payment of a total of JPY 9.2 million. 3.3 Describe any complaints procedure for (i) consumers, and (ii) businesses. Tools protecting the consumers 1.3.1. endobj It protects you and me, consumers, from unethical and careless actions taken by businesses. "Elena Herrero-Beaumount - Public Relations & Communication, Garrigues, © 2002-2020 Copyright: ICLG.com | Our Privacy, Elena Herrero-Beaumount - Public Relations & Communication, Garrigues. of Special Specified Products shall have their products inspected by a Registered Conformity Inspection Body and may display a PSC mark –. In order to collect and compile records of complaints regarding consumer affairs, a system referred to as “PIO-NET” has been established for the purpose of connecting the National Consumer Affairs Center with Consumer Affairs Centers nationwide. Installment Sales Act (which covers credit transactions, etc.). G(���(ƅ�VS���^i%��ِ�$C��x|����'3�U?J�2rq��V\���@-�z�Q�~l��TAA��y�:�0��shR+��)�t��NH��զ:���`U=͛�����ܸW=���0������ߣs�"������_jpCP7ɖ?�S��i��&�凩�.�� ��̚=�0��M2��v��,L,H�p��T$*� ѥC�V}��*}~���:7-��A���� Regarding a Door-to-Door seller that provided a service in which a consumer bought an application’s built-in device and if he/she lent it to the company, he/she could receive rent, the CAA ordered a 24-month business suspension on the ground that it was a violation of the ASCT, since the seller had conveyed false information that income would be gained from the operation of the application, despite paying rent from the sales expenses of the application.
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