Issue 135, May 2023

Preface

  • Consumer Rights and Employee Wage Claims in Bankruptcy Proceedings of Malicious Companies

Special Feature 1, Victims’ Association “OSAKA ICHO NO KAI”.

  • Why do people become addicted and what is the way to national rehabilitation
  • Activities of OSAKA ICHO NO KAI
  • Consideration of the Problem of Debt Consolidation for Relatives: The Way to Recovery from Gambling and Other Addictions
  • SimultaneousLawsuitsagainst“Cashinadvancepurchase”
  • Violation of “the Right to continue to live”, Need for Law Reform
  • <Documentation> Resolution Calling for the Amendment of the Land and Housing Tenancy Law to Guarantee the Right to Continue to Live

Special Feature 2, Towards Amending the Law Against Unjustifiable Premium and Misleading Representation.

  • Outline of the Report of the Study Group on the Law Against Unjusti ed Premiums and Misleading Representations and Future Amendments to the Law
  • Towards the amendment of the law against unfair premiums and misleading representations

Special Feature 3, Consumer Damage by SNS/SMS.

  • Through the eyes of an advisor
  • Why aren’t they going down? The problems of “subscription purchases”
  • Consumer Education for Digitalisation from the Perspective of a Consumer Consultation Service
  • Towards a safe and secure environment for SNS use

Series 1, Consumer Legislation, Consumer Affairs Agency, Consumer Commission, National Consumer Affairs Centre, Legislative Recommendations.

  • Report of the Consumer Commission, Cabinet Office
  • Response of the Consumer Commission to the conversion to electronic form of Contract Documents based on the Specified Commercial Transactions Act
  • Cross-Sectoral Administrative Rules on Consumer Transactions, Comprehensive Provisions on Unfair Transactions (Receiving Provisions) and Listing
  • Report on the Formation of a National Liaison Group for the Fundamental Revision of the Special Commercial Code
  • Towards the Amendment of the Law on Sales and Specified Commercial Transactions Related to “CURECHIHO in Shimane”
  • Problems and Images of the Amendment of the Law on Specified Commercial Transactions
  • Opinion of the Japan Federation of Bar Associations, Proposal on the Status of Multilevel Marketing Transactions (2022 edition) published

Series 2, Loan Shark, Commercial and Industrial Loans.

  • Current status of court cases concerning business factoring. 
  • Issues of disguised loans and business forms, disguised pawnbrokers, salary factoring, post-payment cash advances
  • Appropriation of the portion in excess of the Civil Code and the Interest Limitation Law
  •  Strengthening Japan’s democratic movement (34), Exposing the Crimes abused by state poweauthorities (1)

Series 3, Poverty Alleviation and Rehabilitation.

  • Court decision overturning withdrawal of public assistance for violation of guidelines and instructions due to undeclared income of household members
  • Prevailing settlement reached, including settlement payments; Violation of the right to life through erroneous income recognition in welfare
  • Can a ‘rainbow of beauty’ spread across the sea? 15th Report of the National Institute of Social Welfare, I. Denying the Falsification of Prices
  • Examples of Measures Against Arrears
  • ‘INOCH NO TORIDE’ Litigation Hyogo Lawyers’ Group and Eugenics Protection Law State Compensation Claim Hyogo Lawyers’ Group
  • Joint Symposium of Plaintiffs and Defence Counsels in Eugenics Protection Law Litigation and Lowering the Standard of Living Litigation 
  • From Corona Response to Universal Livelihood Support, Where Should Japan’s Social Security Go
  • Where Should Japan’s Social Security Go? From “Corona Disaster” Response to Universal Livelihood Assistance
  • Strengthening social security instead of military expansion
  • The “New Capitalism” Theory and the Kishida Cabinet

Series 4, “Special Commercial Law, Deposit Insurance Law and Discount Sales”.

  • Report on a court decision allowing a cooling-off period for credit contracts related to door-to-door sales of learning materials
  • Progress report on the proposed sale of educational materials with study guidance and the Winn Education Centre/Nake bankruptcy case

Series 5, Consumer Contract Law and Unfair Business Practices.

  • Damage caused by the over-selling of kimonos, a traditional Japanese costume, Osaka City’s efforts to ‘KIMONO SHORAKU’
  • Revision of the Akita City Consumer Affairs Ordinance “Improper Trade Practices” (Notification)
  • KCs’ Investigation Activities Regarding KIRIN Co., Ltd.’s “Tropicana Melon Taste” Labelling, Kansai KCs Consumer Support Organisation
  • Inquiry and response to a tutor dispatch service provider
  • Request for improvement of non-refundable tuition fee clause at driving schools
  • Application to TAMENY Corporation
  • 2022 Kyoto Consumer Issues Seminar held
  • Issue advertisements, long-term debt fractionalisation and non-partnership issues

Series 6, Banking, Securities, Insurance and Futures

  • Tokyo District Court judgment of 16 March 2022 against Daiwa Securities
  • Akita Conference of the National Study Group on Futures Trading Damage

Series 7, PL

  • Accident in which a hospital patient was injured due to negligence in confirming the setting of a serial alarm, Tokyo District Court Decision 4 June 2020

Series 8, Defective Housing

  • Rain Leakage Settlement Case, Case of Cancellation of Sales Contract due to Rain Leakage of Second-hand Property
  • <Serialisation> Fundamentals of Defective Housing Disputes (61), Proving Defective Southern Housing (2)

Series 9, Food Safety

  • What consumer groups are doing in the global food crisis
  • Current status and challenges, advantages and unexpected disadvantages revealed by the CORONA disaster
  • FoodTech: The practical application of cell-cultured meat 

Series 10, E-commerce.

  • Travel rules for crypto assets and amendments to the law on prevention of transfer of criminal proceeds
  • Serialisation, Personal Information and the Law, (1) General Introduction

Series 11, Religion.

  • Issues in the Law for the Prevention of Unwarranted Solicitation of Contributions
  • The DAINICHZAN HOKEKYO-JI Temple Dissolution Case

Series 12, Pets and animal law

  • Documentation of the Director of the Miki Branch Office of the Hyogo Prefectural Animal Protection Centre for the wanton killing of lost animals, in violation of the Animal Protection Law

Series 13, Cases, Precedents and Discussions on Life

  • Lawsuit seeking an injunction against the conclusion of an Osaka 1R business land lease agreement
  • Commercialisation of housing and safety net
  • Recent Developments in Linear Shinkansen and Hokuriku Shinkansen

Series 14, International Consumer Issues

  • Consumer Law Situation in China (32), Adoption and Enforcement of the Futures and Financial Derivatives Law

Scholarly Eye.

  • Possible expansion of the injunction system for unfair terms
  • Trends in German Consumer Protection Legislation on Continuous Contracts

Counsellor’s Eyes/Activities

  • Consumers and digital platforms
  • Consumer Adviser Qualification for University Students

Q and A

  • Internet banking precautions

Precedents and Settlement Bulletin

  • No. 2560~2571

Important precedents

  • Statute of Limitations for Demand for Payment with Provisional Enforcement Award is not Statute of Limitations for Judgment
  • Welfare, support inquiries, state compensation claims, alimony
  • “GALLIVER” investment damage case
  • Act on Specified Commercial Transactions
  • case in which a leasing company’s lease paymentsunder a bad lease agreement were reduced by 30 percent on the grounds of good faith
  • transactions similar to virtual currency
  • injunction against unfair clauses in subdivisionmanagement contracts
  • Administrative proceedings
  • Neutral case of DAINICHIZAN HOEKYO-JIdissolution order
  • Neutral case of DAINICHIZAN HOEKYO-JIdissolution order

Information from the National Consumer Affairs Centre

  • Problems in consumer affairs (50)

Bibliography

  • Consumer Affairs and CSR/Corporate Ethics in Japan

And more

  • Case law database
  • Newspaper information
  • Schedule of Consumer Group Events