2003 JAPAN LAW: CONSUMER CONTRACTS
Keywords: Contracts, Consumers, Schools, Class Action, Consumer Protection
Copyright 2004. All rights reserved Attorney Roderick H. Seeman
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The Ministry of Economy, Trade and Industry has decided that it will be expanding
the protection of the Law Regulating Specific Business Practices enacted
in 1999 and covering schools such as foreign language schools, cram schools
and tutors. The ministry plans to expand the protection of the law to personal
computer schools, marriage ceremony services and the providers of hair growth
enhancers. Prior to that industry groups introduced measures of self-regulation.
The marriage service firms agreed to permit consumer to cancel their contracts
even after signing. The computer schools agreed to improve their services
and the hair growth enhancers said they would revise their advertising to
avoid misleading customers. As was the case with the first group, being businesses
added to the list of covered businesses, consumers will be permitted to cancel
contracts after a cooling-off period of 8 days. Even after 8 days they may
be able to obtain a partial refund. After such cancellations, consumers will
be able to refuse payment of contracts with credit firms financing the services.
The service contracts must be at least two months long before they are covered
by the law.
The Ministry has also announced plans to make the largest change to consumer
protection laws in 35 years by permitting consumer groups to file cases on
behalf of consumers to enhance consumer information and stop companies from
utilizing misleading marketing practices but does not appear to support seeking
damages.