Article 58-21Right to Demand an Injunction in Connection with Multilevel Marketing Transactions
第五十八条の二十一(連鎖販売取引に係る差止請求権)
If an orchestrator, a solicitor, or a general multilevel marketing distributor has engaged in or is likely to engage in any of the following conduct toward a large number of unspecified persons, a qualified consumer organization may demand that the orchestrator, solicitor, or general multilevel marketing distributor discontinue or prevent that conduct, dispose of, or remove any object used for that conduct, or take any other necessary measures for discontinuing or preventing that conduct:
the orchestrator or solicitor intentionally fails to disclose facts with regard to the following matters or misrepresents that information in soliciting a person to enter into a contract involving multilevel marketing transactions that are connected to the set of related multilevel marketing undertakings orchestrated by that orchestrator (limited to a contract with an individual who sells or arranges the sale of goods associated with that multilevel marketing undertaking or provides or arranges providing services associated with that multilevel marketing undertaking, without using a store or similar facility; the same applies in this paragraph and paragraph (3)) or for preventing the cancellation of a contract involving multilevel marketing transactions that are connected to the multilevel marketing undertaking:
the matters listed in Article 34, paragraph (1), items (ii) through (v);
第三十四条第一項第二号から第五号までに掲げる事項
the general multilevel marketing distributor misrepresents the matters listed in (a) or (b) of the preceding item in soliciting a person to enter into a contract involving multilevel marketing transactions that are connected to the set of related multilevel marketing undertakings orchestrated by that orchestrator or in order to prevent the cancellation of a contract involving multilevel marketing transactions that are connected with the multilevel marketing undertaking;
the orchestrator, solicitor, or general multilevel marketing distributor uses intimidation to overwhelm a person in order to have the person enter into a contract involving multilevel marketing transactions that are connected to the set of related multilevel marketing undertakings orchestrated by the orchestrator or to prevent the person from canceling a contract involving multilevel marketing transactions that are connected with the multilevel marketing undertaking;
the orchestrator, solicitor, or general multilevel marketing distributor, in advertising the multilevel marketing transactions connected with the set of related multilevel marketing undertakings orchestrated by that orchestrator, makes an indication of the performance or quality of the goods or of the rights to use a facility or to be provided with services or of the content of the services connected with the multilevel marketing undertaking, the specified burden involved in the multilevel marketing transactions or the specified profit involved in that multilevel marketing undertaking that differs significantly from the truth or misleads people into believing that the performance, quality, details or contents are significantly better or more advantageous than they are in reality; or
the orchestrator, solicitor, or general multilevel marketing distributor solicits a person to enter into a contract involving multilevel marketing transactions that are connected to the set of related multilevel marketing undertakings orchestrated by that orchestrator, by providing conclusive evaluations that would likely cause a person to mistakenly believe that the multilevel marketing transactions connected with its multilevel marketing undertaking are sure to generate a profit.
If a solicitor has engaged in or is likely to engage in any of the conduct listed in item (i) or items (iii) through (v) of the preceding paragraph toward a large number of unspecified persons, a qualified consumer organization may demand that the solicitor discontinue or prevent the conduct, dispose of, or remove any object used for the conduct, or take any other necessary measures for discontinuing or preventing the conduct.
適格消費者団体は、勧誘者が、不特定かつ多数の者に対して前項第一号又は第三号から第五号までに掲げる行為を現に行い又は行うおそれがあるときは、その統括者に対し、当該行為の停止若しくは予防又は当該行為に供した物の廃棄若しくは除去その他の当該行為の停止若しくは予防に必要な措置をとることを請求することができる。
On the occasion of entering into a contracts involving multilevel marketing transactions that are connected with the multilevel marketing undertaking, if an orchestrator, solicitor, or general multilevel marketing distributor has manifested or is likely to manifest the intention to offer to enter into or accept contracts between itself and a large number of unspecified persons, for contracts involving the multilevel marketing transactions that are connected with the multilevel marketing undertaking that contain any of the following special provisions, a qualified consumer organization may demand that the orchestrator, solicitor, or general multilevel marketing distributor discontinue or prevent that conduct, dispose of, or remove any object used for that conduct, or take any other necessary measures for discontinuing or preventing that conduct:
the special provisions prescribed in Article 40, paragraph (4); or
第四十条第四項に規定する特約
the special provisions prescribed in Article 40-2, paragraph (6).
第四十条の二第六項に規定する特約