Protecting consumers' rights 消費者庁パンフレット｜消費者庁

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Protecting consumers' rights

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Protecting consumers' rights

Consumer Contract Act

Consumer Organization Collective Litigation System (Injunction demand)

When a consumer and business enter into a contract for any product or service is made, there is a disparity in amount of information and negotiation capability which the both parities own separately. Taking such circumstances into account and protecting consumers ene ts the onsumer ontract ct

came into effect in 2001.

ursuant to this ct consumers ma cancel an contract resulting from unjust solicitation. If a contract contains any unjust contractual clause, that contractual clause itself will be invalidated.

ince the intro uction of the onsumer rgani ation ollecti e itigation stem eman for n unction in a uali e consumer organi ation certi e the rime inister as of a there are such organi ations ma le a demand for injunction with respect to an unjust act by a business.

Now, there have been cases in which a business revised a contractual clause ue to a in unction eman le a uali e consumer organi ation t is hope that an usiness that has a eman for in unction le against itself ill go o er

its business activities and, if any act is found to be unlawful, promptly take action to address it.

To make the most of a demand for injunction for the purpose of preventing harm, it is vital that consumers provide information of their amage to a uali e consumer organi ation

The cases where an injunction demand was made are publicly liste on the e sites of the respecti e speci e uali e consumer organi ations an of the onsumer ffairs genc

he onsumer rgani ation ollecti e itigation stem amage reco er is a t o step litigation s stem for eli ering

ct on pecial easures oncerning i il ourt rocee ings for the ollecti e e ress for ropert amage ncurre

onsumers

s the intro uction of this s stem ill ring o n the amount

amages that oul ha e een if cult to reco er efore ill

speci e a ca inet or er that falls ithin three ears after it as promulgate ecem er an the onsumer ffairs genc is ma ing preparations for its forthcoming on the s stem as ell as pu lici ing it

Speciﬁed ualiﬁed

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・ protecting consumers ene ts the onsumer ontract ct

ursuant to this ct consumers ma cancel an contract

ince the intro uction of the onsumer rgani ation ollecti e itigation stem eman for n unction in a uali e consumer organi ation certi e the rime inister as of a there are such organi ations ma le a

contractual clause ue to a in unction eman le a uali e consumer organi ation t is hope that an usiness that has a eman for in unction le against itself ill go o er

information of their amage to a uali e consumer organi ation

liste on the e sites of the respecti e speci e uali e consumer organi ations an of the onsumer ffairs genc

onsumers

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protecting consumers ene ts the onsumer ontract ct

onsumers

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Protecting consumers' rightsProtecting consumers' rights

4 Consumer Organization Collective Litigation System (Damage Recovery)

protecting consumers ene ts the onsumer ontract ct

A conceptual image of the System for Collective Redress for Consumer Damage he onsumer rgani ation ollecti e itigation stem

amage reco er is a t o step litigation s stem for eli ering a collective redress of harm to consumers, designed to suit the characteristic of harm to consumers – i.e., harm of similar type occurs sporadically in large numbers – pursuant to the ct on pecial easures oncerning i il ourt rocee ings for the ollecti e e ress for ropert amage ncurre

onsumers

s the intro uction of this s stem ill ring o n the amount of time, cost, works, etc. required for damage recovery, it is

expected that less consumers will hesitate to recourse to litigation proceedings, from which, in more consumer amages that oul ha e een if cult to reco er efore ill be able to recover.

The system is scheduled to come into effect as of the date speci e a ca inet or er that falls ithin three ears after it as promulgate ecem er an the onsumer ffairs genc is ma ing preparations for its forthcoming enforcement and is also working on disseminating information on the s stem as ell as pu lici ing it

First-stage proceedings: (Litigation Seeking Declaratory Judgment on Common Obligations)

Second-stage proceedings:

Proceedings for determining the claims of individual Consumers (how much money should be paid to whom)

Proceedings concerning common obligations Filing of an Action for a Declaratory Judgment on Common Obligations by a Speciﬁed ualiﬁed Consumer Organization

Judgment of dismissal, etc.

【Organizations】

Filing of a petition for commencement of Simple Determination Proceedings

【Organizations】

【Consumers】

【Organizations】

【Business Operator】

【Court】

Simple Determination Order

(When there is an objection against the order) Litigation after Objection

・Acknowledgment of Claims

・Settlement

・Judgment upholding claims

Notice/public notice to Consumers

Delegation of powers to the organization

Filing of Proof of Claims with the court

Approval or disapproval of claims