Article 58-18Right to Demand an Injunction in Connection with Door-to-Door Sales
第五十八条の十八(訪問販売に係る差止請求権)
If a seller or a service provider has engaged in or is likely to engage in any of the following conduct toward a large number of unspecified persons in connection with door-to-door sales, a qualified consumer organization as prescribed in Article 2, paragraph (4) of the Consumer Contract Act (Act No. 61 of 2000) (hereinafter simply referred to as a "qualified consumer organization" in this Chapter) may demand that the seller or the service provider 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:
消費者契約法(平成十二年法律第六十一号)第二条第四項に規定する適格消費者団体(以下この章において単に「適格消費者団体」という。)は、販売業者又は役務提供事業者が、訪問販売に関し、不特定かつ多数の者に対して次に掲げる行為を現に行い又は行うおそれがあるときは、その販売業者又は役務提供事業者に対し、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。
misrepresenting the following matters in soliciting a person to enter into a sales contract or a service contract, or in order to prevent the withdrawal of offers for a sales contract or a service contract or the cancellation of the contracts:
売買契約若しくは役務提供契約の締結について勧誘をするに際し、又は売買契約若しくは役務提供契約の申込みの撤回若しくは解除を妨げるため、次に掲げる事項につき、不実のことを告げる行為
the type of goods and their performance or quality or the type of rights or services and the details of them;
商品の種類及びその性能若しくは品質又は権利若しくは役務の種類及びこれらの内容
the information stated in Article 6, paragraph (1), items (ii) through (v); or
第六条第一項第二号から第五号までに掲げる事項
the information stated in Article 6, paragraph (1), item (vi) or (vii);
intentionally failing to disclose facts with respect to the information stated in (a) or (b) of the preceding item in soliciting persons to enter into a sales contract or a service contract; or
using intimidation to overwhelm persons in order to have them enter into a sales contract or a service contract or in order to prevent them from withdrawing their offer for a sales contract or a service contract or from canceling the contract.
売買契約若しくは役務提供契約を締結させ、又は売買契約若しくは役務提供契約の申込みの撤回若しくは解除を妨げるため、威迫して困惑させる行為
On the occasion of entering into a sales contract or a service contract, if a seller or a service provider has manifested or is likely to manifest the intention to offer to enter into or accept the contracts between itself and a large number of unspecified persons, for a sales contract or a service contract that contains any of the following special provisions, a qualified consumer organization may demand that the seller or the service provider 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 9, paragraph (8) (including as applied mutatis mutandis by replacing the terms pursuant to Article 9-2, paragraph (3)); or
special provisions that run counter to the provisions of Article 10.
第十条の規定に反する特約
Article 58-19Right to Demand an Injunction in Connection with Mail Order Sales
第五十八条の十九(通信販売に係る差止請求権)
When a seller or a service provider has engaged in or is likely to engage in any of the following conduct with many and unspecified persons with regard to mail order sales, a qualified consumer organization may demand that the seller or the service provider 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.
When advertising the terms and conditions and selling goods or specified rights or services, the act of making representation about the performance of the goods or the contents of the rights or services, information on the withdrawal or cancellation of an offer to enter into a sales contract for the goods or the rights or a service contract for the service (when the special provisions prescribed in the proviso to Article 15-3, paragraph (1) exist, this information includes the contents of the special provisions) with respect to mail order sales, that differs significantly from the truth or misleads people into believing that the performance or contents are significantly better or more advantageous than they are in reality;
Act of not indicating or of misrepresenting matters listed in the items of Article 12-6, paragraph (1) on a screen which displays documents or procedures related to a specified offer;
Act of making misleading representations with regard to the following matters on a screen which displays documents or procedures related to a specified offer:
特定申込みに係る書面又は手続が表示される映像面において、次に掲げる事項につき、人を誤認させるような表示をする行為
the fact that the sending of the documents or the transmission of information in accordance with the procedures constitutes an offer to enter into a sales contract or a service contract relating to mail order sales; or
当該書面の送付又は当該手続に従つた情報の送信が通信販売に係る売買契約又は役務提供契約の申込みとなること。
matters listed in each item of Article 12-6, paragraph (1);
第十二条の六第一項各号に掲げる事項
Act of making false notification on matters related to withdrawal of an offer to enter into a sales contract or a service contract or cancellation of the sales contract or the service contract (including matters concerning the provisions of Article 15-3) or matters concerning circumstances that require customers to enter into the sales contract or the service contract in order to prevent withdrawal or cancellation of the offer to enter the sales contract or the service contract.
Article 58-20Right to Demand an Injunction in Connection with Telemarketing Sales
第五十八条の二十(電話勧誘販売に係る差止請求権)
If a seller or a service provider has engaged in or is likely to engage in any of the following conduct toward a large number of unspecified persons in connection with telemarketing sales, a qualified consumer organization may demand that the seller or the service provider 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:
misrepresenting the following matters in soliciting a person to enter into a sales contract or a service contract, or in order to prevent the withdrawal of an offer for a sales contract or a service contract or the cancellation of the contract:
売買契約若しくは役務提供契約の締結について勧誘をするに際し、又は売買契約若しくは役務提供契約の申込みの撤回若しくは解除を妨げるため、次に掲げる事項につき、不実のことを告げる行為
the type of goods and their performance or quality or the type of rights or services and the details of them;
商品の種類及びその性能若しくは品質又は権利若しくは役務の種類及びこれらの内容
the matters listed in Article 21, paragraph (1), items (ii) through (v); or
第二十一条第一項第二号から第五号までに掲げる事項
the matters listed in Article 21, paragraph (1), item (vi) or (vii);
第二十一条第一項第六号又は第七号に掲げる事項
intentionally failing to disclose facts with respect to the information stated in (a) or (b) of the preceding item in a soliciting person to enter into a sales contract or a service contract; or
using intimidation to overwhelm a person in order to have them enter into a sales contract or a service contract or in order to prevent them from withdrawing their offer for the contract or from canceling the contract.
売買契約若しくは役務提供契約を締結させ、又は売買契約若しくは役務提供契約の申込みの撤回若しくは解除を妨げるため、威迫して困惑させる行為
On the occasion of entering into a sales contract or a service contract, if a seller or a service provider has manifested or is likely to manifest the intention to offer to enter into or accept a sales or a service contract between itself and a large number of unspecified persons, for a sale contract or a service contract that contains any of the following special provisions, a qualified consumer organization may demand that the seller or the service provider 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 24, paragraph (8) (including as applied mutatis mutandis by replacing the terms pursuant to Article 24-2, paragraph (3)); or
第二十四条第八項(第二十四条の二第三項において読み替えて準用する場合を含む。)に規定する特約
special provisions that run counter to the provisions of Article 25.
第二十五条の規定に反する特約
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