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(2018-12-28 Amended)
Revised on 28 December 2018 by Taipei City (107) Fu Fa Zong Zi No. 1076037572 Order
  • Chapter V Administrative Supervision of Consumer Protection
  • Article 21 If the enforcement authority believes that a product or service provided by a trader may endanger consumers' lives, bodies, health, or properties, such authority shall conduct an investigation pursuant to paragraph 2 of Article 33 of the Act. After the investigation is complete, the authority may publicize the process and results of the investigation. However, the authority shall give the trader involved an opportunity to explain before such publication. If the investigation result as referred to in the preceding paragraph reveals that there is or there may be endangerment to consumers' lives, bodies, health, or properties, the enforcement authority shall, pursuant to Article 36 of the Act, order such trader to immediately improve within the time limit, recall or destroy such goods or services, where necessary, order such trader to cease the design, production, manufacturing, processing, importation, and or distribution of such goods or the rendering of such services, or take other necessary actions. The stipulation in the preceding two paragraphs applies where a product or service provided by a trader may endanger other consumer rights.
  • Article 22 If the enforcement authority believes that a product or service provided by a trader has caused or may cause material injuries or damages to consumers, and such circumstances constitutes an emergency situation, then in addition to the actions to be taken pursuant to the preceding article, such enforcement authority shall publicize such trader's name, address, and goods or services through the mass media, or take other necessary actions.
  • Article 23 The enforcement authority or consumer ombudsmen shall deal with consumer dispute cases, and upon discovering any of the following improper marketing behaviors of a trader, may refer such cases to the Fair Trading Commission for further handling: 1. When conducting door-to-door sales, a trader provides a service, examination, or gift that is free of charge in name while it is actually a sale of goods or services. 2. A trader's conduct, language, or advertisement causes consumers to mistakenly believe the trader's personnel to be from a government agency, public interest group, or another trader, and consequently the consumer enters into a transaction with such trader. 3. A trader's conduct, language, or advertisement causes consumers to mistakenly believe that the consumer has a legal obligation to purchase, install, or use a product or service, or that it has received the permit, approval, authorization, or recommendation of a government agency, public interest group, or another trader, and the consumer consequently enters into a transaction with such trader. 4. A trader is suspected of engaging in behavior sufficiently deceptive to affect the trading order, of publishing false advertising, or of using misleading expressions.
  • Article 24 When dealing with a consumer dispute case, if the enforcement authority or consumer ombudsmen finds that one of the following situations exists with respect to a trader, such enforcement authority or consumer ombudsmen may publicize such trader's name, address, the product or service in dispute, and the particular problematic conduct of the trader on the Internet or in the media: 1. After the enforcement authority or consumer ombudsmen has summoned a trader to a meeting to clarify the facts of a consumer dispute case or to negotiate a resolution, such trader fails without any just cause to appoint personnel to attend such meeting. 2. After reaching an agreement in a consumer dispute case negotiation as referred to in the preceding subparagraph, a trader fails without any just cause to carry out such agreement. 3. A trader refuses to accept the return of goods or the rescission of a contract in accordance with paragraph 1 of Article 19 of the Act.
  • Article 25 The enforcement authority shall designate the consumer protection matters' case officer, contactor, and appropriate substitute staff to carry out consumer protection matters and relevant contact work.
  • Article 26 If the enforcement authority or consumer ombudsmen investigates a trader outside the jurisdiction of the City, such enforcement authority or consumer ombudsmen shall carry out such investigation along with the municipal government or the county (city) government having proper jurisdiction, or such government's ombudsmen. If the investigation result reveals that such case is punishable per the stipulations of Article 57 to Article 59 of this Act, such case shall be transferred to the municipal government or the county (city) government having proper jurisdiction over the matter for further handling.
  • Article 27 When necessary, the enforcement authority may request consumer ombudsmen's assistance when carrying out the authority's duties under Article 7, Article 8, Article 9, Article 10, Article 21, and or Article 22. When necessary, the consumer ombudsmen may request the enforcement authority's assistance when carrying out such authority's duties under Article 7, Article 8, Article 9, Article 10, Article 21, and or Article 22. When the consumer ombudsmen and the enforcement authority disputes over the authority as stipulated in the two preceding paragraphs, they may request the City Government to decide. When the enforcement authority carries out the investigation and the acts stipulated at Article 21 and Article 22, it shall report the handling process and results to the City Government, and copy the same to the City Government's consumer protection committee and the consumer ombudsmen. When an abrupt major consumer incident occurs, Directions for Handling Abrupt Major Consumer Dispute Cases by Taipei City shall apply to the handling of said incident. The City's consumer ombudsmen shall direct and assign tasks in said incident, and the enforcement authority shall follow the consumer ombudsmen's direction. The stipulation in the third paragraph shall not apply in this case.
  • Article 28 During the investigation, the enforcement authority or the consumer ombudsmen may request the City Government's Police Department to send law enforcement personnel to assist when necessary.
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