- Chapter 5 Administrative Supervision for Consumer Protection
- Article 22The executive authorities shall promptly conduct an investigation pursuant to Paragraph 2 of Article 33 of the CPA upon finding that the goods or services provided by business operators are suspected of endangering the lives, bodies, health, or properties of consumers. Upon completion of the investigation, the executive authorities may disclose the process and results thereof. However, prior to such disclosure, they shall afford business operators the opportunity to present an explanation.
The executive authorities shall order business operators to undertake improvements, recalls, or destruction within a specified period pursuant to Article 36 of the CPA, where the results of the investigation stipulated in the preceding paragraph determine that the goods or services provided by the business operators have endangered or are suspected of endangering the lives, bodies, health or properties of consumers. When necessary, they may also order business operators to immediately cease the design, production, manufacture, process, importation, distribution of goods, or the provision of services, or implement other necessary measures.
Where the goods or services provided by business operators are suspected of infringing other rights or interests of consumers, the preceding two paragraphs shall apply mutatis mutandis. - Article 23In addition to the dispositions taken pursuant to the preceding Article, the executive authorities shall promptly disclose, via mass media, the names and addresses of such business operators, as well as the goods or services provided, or implement other necessary dispositions where the goods or services provided by business operators have caused or are suspected of causing material injuries or damages to consumers, and that an emergency exists.
- Article 24When handling consumer disputes, the executive authorities or the consumer ombudsmen may refer the matter to the Fair Trade Commission or other relevant competent authorities upon finding that business operators have engaged in any of the following improper sales practices:
1. selling goods or services during door-to-door sales under the pretense of providing gratuitous services, inspections, or gifts;
2.engaging in acts, making statements, placing advertisements to mislead con-sumers into believing that the business operators are officers of government authorities, members of public welfare organizations, or personnel of other business operators, thereby inducing consumers to engage in transactions;
3.engaging in acts, making statements, placing advertisements to mislead con-sumers into believing that they have a legal obligation to purchase, install, or use certain goods or services;
4.engaging in acts, making statements, placing advertisements to mislead con-sumers into believing that the business operators have obtained approvals, ac-creditations, authorizations, or recommendations from government authorities, public welfare organizations, or other business operators, thereby inducing consumers to engage in transactions;
5.making false or misleading representations or indications regarding the goods, services, or their advertisements, or via other methods of public disclosure, concerning matters related to the goods or services, that are sufficient to affect consumers’ transactional decisions. - Article 25When handling consumer disputes, the executive authorities or the consumer ombudsmen may disclose, via the Internet or media, the name of business operators, the goods or services in dispute, and the conduct of business operators upon finding that the business operators fall within any of the following circumstances:
1. the business operators failed to appoint representatives to attend, without proper justifications after being notified by the executive authorities or the consumer ombudsmen for clarification or resolution;
2. the business operators failed to perform the settlement reached through the negotiation of the consumer disputes referred to in the preceding subparagraph, without justifications;
3. refusing consumers’ return of goods or termination of contract pursuant to Paragraph 1 of Article 19 of the CPA. - Article 26The executive authorities shall appoint consumer protection officers, contact persons, and their deputies to duly handle consumer protection affairs and liaison work within their scope of authority and responsibilities.
- Article 27Where the executive authorities or the consumer ombudsmen investigate business operators outside the territory of the City, such investigation shall be conducted in collaboration with the competent authorities of the special municipality or county (city) or their consumer ombudsmen. Where the results of the investigations determine that penalties may be imposed pursuant to Articles 57 to 59 of the CPA, the executive authorities shall refer the entire case to the competent authorities of the special municipality or county (city) for further handling.
- Article 28When necessary, the executive authorities may exercise their powers under the CPA or this Self-Government Ordinance in collaboration with the consumer ombudsmen .
When necessary, the consumer ombudsmen may exercise their powers under the CPA or this Self-Government Ordinance in collaboration with the executive authorities.
Any disagreements between the executive authorities and the consumer ombudsmen concerning the exercise of the powers stipulated in the preceding two paragraphs may be reported to the City Government for determination.
The executive authorities shall notify the consumer ombudsmen of the process and results of the investigations and dispositions they conducted pursuant to the CPA or this Self-Government Ordinance.
Where any unexpected major consumer-related events such as unannounced cessation of operations by business operators, occurs within the City, the consumer ombudsmen may direct and assign tasks accordingly, and the executive authorities shall comply therewith. In such cases, Paragraph 3 of this Article shall not apply. - Article 29When necessary, the executive authorities or the consumer ombudsmen may request assistance from the Taipei City Police Department or other relevant authorities to appoint personnel to assist in investigation or handling of unexpected major consumer-related events.