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特定商取引法1/SCTA1

Yuki

#勧誘 #通信販売 #Japan #日本 #Chibil #AI #国際


The Act on Specified Commercial Transactions (特定商取引法), also referred to as the SCTA, is a Japanese law designed to protect consumers from predatory practices in specific commercial transactions, such as door-to-door sales, telemarketing, and online shopping. It also regulates multi-level marketing schemes (MLMs) and business opportunity sales, ensuring transparency and fairness.

Legal Classification and Context

  • Legal Classification: The SCTA is an administrative law with a focus on consumer protection.

  • Historical Context: The law was introduced in 1976 to respond to increasing issues in sales practices, especially unsolicited sales. Over time, it has been amended to address newer challenges, like online commerce.

  • Enforcement: The Consumer Affairs Agency (CAA) and the Ministry of Economy, Trade, and Industry (METI) enforce this law, focusing on consumer protection and fair business practices. Violators may face administrative actions, including fines, business suspensions, and improvement orders.

Key Areas Regulated by the SCTA

  • Door-to-door sales: The law provides an 8-day "cooling-off" period for consumers to cancel contracts entered into through door-to-door sales without any penalties.

  • Mail order and online sales: Businesses must disclose all relevant information, including terms, pricing, and conditions. The SCTA mandates clear advertising and contract terms but does not provide a cooling-off period for mail-order sales.

  • Telemarketing: This sales method is regulated to ensure transparency, with strict rules against misleading information or aggressive tactics.

  • Multi-level marketing: The SCTA imposes rules on MLM companies to provide honest and clear compensation and product information, protecting consumers from pyramid schemes.

Enforcement Mechanisms

  • Businesses violating the SCTA can face business improvement orders, administrative penalties, or even criminal sanctions for serious violations​

Comparison with Global Consumer Protection Laws

1. United States

  • Similarities:

    • The Federal Trade Commission Act (FTC Act) prohibits unfair and deceptive practices in telemarketing, similar to Japan’s SCTA.

    • Both countries have cooling-off rules, although the U.S. typically allows only a 3-day cancellation period for door-to-door sales, compared to Japan’s 8-day period.

  • Differences:

    • U.S. enforcement relies heavily on civil lawsuits and regulatory actions by the Federal Trade Commission (FTC), whereas Japan focuses on administrative actions​

2. European Union

  • Similarities:

    • The Consumer Rights Directive in the EU provides a 14-day cooling-off period for online and off-premises sales, which is similar to Japan’s 8-day period for door-to-door sales.

    • Both systems emphasize transparency and the duty to inform consumers fully before entering into contracts.

  • Differences:

    • The EU's consumer protection laws are harmonized across member states, while Japan’s SCTA applies nationally and is centrally enforced by the CAA​

3. Australia

  • Similarities:

    • Australia’s Australian Consumer Law (ACL) provides a cooling-off period for unsolicited sales (10 days), similar to Japan’s SCTA.

  • Differences:

    • Australia’s law places stronger emphasis on preventing unfair contract terms in all types of consumer transactions, while Japan’s SCTA primarily focuses on specified transaction types like MLMs and telemarketing​

Global Trends in Consumer Protection

  1. Digital Commerce: With the rise of e-commerce, laws around the world are increasingly addressing the protection of consumers in online transactions. Japan’s SCTA has incorporated regulations on mail orders and online sales but may need further updates to cover digital services and content.

  2. Cross-border Transactions: Countries are working to harmonize consumer protection laws, especially as e-commerce crosses borders. Japan's agreements with neighboring countries aim to establish basic consumer rights in cross-border transactions​

  3. Tighter Penalties: Countries are introducing stricter enforcement and higher penalties for consumer rights violations. Japan’s recent amendments to the SCTA reflect this global trend of cracking down on fraudulent MLM schemes and false advertising

Advice for Foreigners Navigating Japan’s SCTA

  • Cooling-Off Periods: Be aware that you can cancel contracts for door-to-door sales, MLMs, or telemarketing agreements within 8-20 days, depending on the transaction type.

  • Online Transactions: Ensure that online retailers provide clear information on product terms and return policies. Japan’s SCTA requires this transparency for online and mail-order sales​

  • Reporting Violations: If you encounter deceptive practices, you can report them to Japan’s Consumer Affairs Agency. They have robust measures for handling consumer complaints​

References

  1. Consumer Protection Laws and Regulations Japan, 2024 ICLG Report: A comprehensive overview of Japan’s consumer protection laws, including updates on the SCTA. Available at ICLG​(

    1. ICLG Business Reports

  2. Japanese Law Translation - Act on Specified Commercial Transactions: Official translation and legal details of the Act. Accessible at Japanese Law Translation​(

    1. Japanese Law Translation Website

  3. Consumer Affairs Agency, Guide on SCTA: A detailed guide on Japan's SCTA and its provisions for business operators and consumers. Available at CAA No-Trouble Site​(

    1. No Trouble

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