- Chapter 6 Handling of Consumer Disputes
- Section 1 Complaint
- Article 30Consumers may file complaints with the Consumer Service Center where consumer disputes between consumers and business operators arising from goods or services fall within any of the following circumstances:
1. the business premises or offices of the business operators are located within the City;
2. the places where the contracts were executed or performed are within the City;
3. the places where the torts were committed or where the results occurred are located within the City;
4. the domiciles or residences of consumers are located within the City. - Article 31Complaint cases shall be promptly referred to executive authorities for handling in accordance with their nature upon being accepted by the Consumer Service Center. Where the executive authorities fail to inform the Consumer Service Center of the handling result within 30 days from the date of referral, the Consumer Service Center may, upon the complainant’s application, refer the case to the consumer ombudsmen for handling and notify the executive authorities in writing for improvement.
The Consumer Service Center shall reject complaints and notify the complainants in writing where the complaints fall within any of the following circumstances:
1. the oral arguments regarding the consumer disputes have concluded, or the judgments concerning the consumer disputes have been rendered by the court of first instance;
2. the documents related to the complaints have not been corrected within the time period specified in the notices;
3. the matters are not classified as consumer dispute events;
4. the complaints were not filed by the consumers or their authorized agents;
5. the consumers have already applied for mediations pursuant to Article 44 of the CPA, but the mediations did not result in any agreements;
6. settlements have been reached through mediations or arbitral awards have been rendered in accordance with applicable laws;
7. complaints regarding identical consumer disputes have already been filed pursuant to Article 43 of the CPA. - Article 32The executive authorities shall handle complaint cases in accordance with the following procedures:
1. where complaint cases fall outside the scope of the executive authorities’ responsibilities, they shall be recorded and referred to the responsible competent authorities;
2. except in the circumstance stipulated in the preceding subparagraph, the executive authorities shall require business operators to properly handle the complaints within 15 days from the date of receipt of the written notice. Where it is necessary to understand the facts and background of the cases, the executive authorities may forward the complaints to the business operators for verification and response;
3. where complaints are not properly handled by business operators and the executive authorities find the complainant’s claim reasonable, the executive authorities may arrange meetings between the business operators and the complainants for clarification and resolution;
4. where complaints remain improperly handled after the implementation of the preceding two subparagraphs, the executive authorities shall notify the complainants in writing and furnish copies to the business operators. Upon the complainant’s application, the executive authorities may also refer the cases to the consumer ombudsmen or the Consumer Dispute Mediation Committee of the City for handling.
Executive authorities shall furnish the Consumer Service Center and the complainants with copies of any actions taken pursuant to the preceding paragraph.
Subject to the consent of the complainants, business operators, or the Consumer Service Center, notifications from the executive authorities pursuant to the preceding two paragraphs may be issued in electronic format. - Article 33The consumer ombudsmen shall handle complaint cases in accordance with the following procedures:
1. cases that are not classified as consumer disputes or do not fall under Article 30 shall be rejected or referred to the competent authorities, with copies furnished to the complainants;
2. where it is necessary to understand the facts and background of the cases, the consumer ombudsmen may request the business operators, consumer protection groups or relevant authorities (organizations) to provide relevant information for reference or may request the business operators for verification and response;
3. the consumer ombudsmen may request relevant authorities (organizations) to provide clarification and relevant information for reference where there are ambiguities concerning the provisions of laws and regulations;
4. the consumer ombudsmen may notify the business operators and complainants to attend in person, via video conferencing or other means for clarification and resolution, where necessary;
5. a record of the negotiation shall be made upon reaching an agreement and, where necessary, furnished to both parties. Where complaints are not properly handled, the consumer ombudsmen shall inform the complainants that they may apply to the Consumer Dispute Mediation Committee for mediations or directly file consumer lawsuits with the court.
Subject to the consent of the complainants or business operators, notifications from the consumer ombudsmen pursuant to the preceding paragraph may be issued in electronic format. - Article 34When handling complaint cases and notifying the complainants and the business operators to engage in negotiations, the consumer ombudsmen may, where necessary, request the executive authorities to designate representatives to attend.
- Section 2 Mediation
- Article 35Consumers may submit applications for mediation to the Consumer Dispute Mediation Committee of the City where they believe that their complaints have been improperly handled.
Consumers shall submit applications for mediation to the Consumer Dispute Mediation Committee of the City where the domiciles, residences, business premises, or offices of both parties involved in the consumer dispute mediation cases are located within the City. Consumers may submit applications for mediation to the Consumer Dispute Mediation Committee of the City where their cases fall within any of the following circumstances:
1.the domiciles or residences of the consumers, or the business premises or of-fices of the business operators, are located within the City;
2.the consumer relationships were established within the City;
3.both parties agree to mediation within the City. - Article 36Mediation agreements shall be drafted and submitted to the court for approval where an agreement is reached in consumer dispute mediation cases. Upon approval by the court, the mediation agreements shall have the same binding effect as final civil judgments.
Where mediations do not result in agreements, the certificates of mediation failure shall be issued. The petitioners may attach the certificates of mediation failure to their pleadings when initiating lawsuits pursuant to applicable laws. - Article 37The executive authorities and consumer ombudsmen shall maintain the confidentiality of any information obtained when handling consumer dispute cases and shall neither disclose nor improperly utilize such information. Where cases are found to involve criminal liability, they shall be referred to the relevant judicial authorities.