Consumer Protection | Regulated Sales, Rental Housing and Peer Marketplaces, Set 3
Problem 1
A caller is selling health equipment. You clearly say, "I do not intend to enter into a contract. Do not solicit me again for this product." The caller nevertheless tries to continue the pitch. Under the rules for telemarketing sales, what is the most appropriate response?
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In a telemarketing sale, once a consumer clearly indicates that they will not enter into the contract, the business may neither continue the solicitation on that call nor solicit the same contract again later. The absence of a signed contract does not permit the caller to continue, and you have no duty to hear the entire pitch. A clear refusal is more effective than an ambiguous statement such as being busy for the moment.
Problem 2
You enter into a contract after a telemarketing call and receive the statutory document yesterday. Assume no exclusion applies. You want to cool off through the business's online form. Which method is most appropriate?
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For a covered telemarketing sale, you may generally give cooling-off notice in writing or by electronic record within eight days after receiving the statutory document. The business's approval is not required. Preserve the form entries, completion screen and submission time in case a dispute arises. A twenty-day period running from delivery belongs to different rules, including certain multilevel marketing transactions.
Problem 3
An individual without a store enters into a multilevel marketing transaction, receives the statutory document on August 1 and receives the contracted goods on August 5. Assume no obstruction or exclusion applies. Which statement correctly identifies when the twenty-day cooling-off period begins?
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For a covered multilevel marketing transaction involving an individual without a store, the twenty-day period generally runs from receipt of the statutory document. If the goods are delivered later, however, it runs from the delivery date. August 5 is therefore the relevant starting point here. The analysis requires comparing receipt of the document and the goods, not simply using the signing date.
Problem 4
A business promises to provide continuing data-entry work from which you can earn income, but requires you to buy proprietary course materials and training for 250,000 yen to do the work. Which description is most appropriate when assessing the transaction?
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A transaction may fall under the rules for business opportunity sales when a business induces a consumer with the prospect of income from provided work and imposes a payment for goods or services needed for that work. If covered, it generally carries a twenty-day cooling-off period from receipt of the statutory document. The link between the promised work income and the required payment matters more than the online delivery method alone.
Problem 5
You enter into a one-year language-school contract that meets the statutory requirements for a specified continuous service and attend for three months. The cooling-off period has passed, but the contract term remains. Which statement about mid-term cancellation is most appropriate?
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A covered specified continuous service may be cancelled prospectively during the contract term even after the cooling-off period expires. Unlike cooling off, mid-term cancellation may require payment for services already provided and other permitted amounts. Statutory caps apply to the business's claim, so neither "no cancellation after eight days" nor "all past services become free" is correct.
Problem 6
A person living alone buys 240 bottles of detergent through a doorstep sale despite having no special use for that quantity. Two months have passed, so the ordinary eight-day cooling-off period has expired. Under the rule for excessive-quantity sales, which statement is most appropriate?
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When a doorstep sale involves a quantity far exceeding what is normally required, withdrawal or cancellation may be available for one year after the contract if the consumer had no special reason to need that quantity. This remedy is distinct from the ordinary eight-day cooling-off period. Quantity alone is not conclusive, however; a genuine business or other special need could change the result.
Problem 7
After five years of ordinary use of a private rental home, the wallpaper shows natural discoloration from sunlight. The lease contains no special term assigning ordinary wear to the tenant. Under the Ministry of Land, Infrastructure, Transport and Tourism's restoration guidelines, which statement is most appropriate?
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The guidelines do not define restoration as returning a rental home completely to its original move-in condition. Repair costs for ordinary wear and aging are generally treated as included in rent. Damage caused intentionally, negligently or through use beyond the ordinary remains a different matter, so a long tenancy does not shift every kind of damage to the landlord. A valid special term may also require separate analysis.
Problem 8
On the day you receive the keys to a rental home, you find existing scratches on the floor and a door. Which action is most effective for preventing a later dispute over when the damage occurred?
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Pre-existing damage is generally not part of the tenant's restoration obligation, but disputes arise when no one can establish when it occurred. Record the location and condition at move-in, take photographs that can be tied to the date, and share and retain the information with the property manager or landlord. You may preserve records even without a designated form, while unauthorized repair may destroy useful evidence.
Problem 9
You notice a small water leak in the ceiling of your rental home, but do not know whether your use or the building equipment caused it. What is the most appropriate first response to limit damage and avoid a later move-out dispute?
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When damage requiring repair is discovered, promptly document it and notify the property manager or landlord even if responsibility is not yet known. Failing to report a leak and allowing damage to spread may lead to a damages claim. Major unauthorized repair to property owned by the landlord can also create a dispute, so first follow the lease's emergency-contact procedure and the manager's instructions.
Problem 10
You suspect that a branded item bought from an individual through a marketplace app is counterfeit. Discussion with the seller through the transaction messages has stalled, you have not yet contacted the platform operator, and the records remain available. What is the most appropriate next step?
View explanation
Many marketplace services facilitate transactions between individuals, so the parties are generally expected to discuss the issue first. If that stalls, preserve the transaction and item records and ask the platform operator whether its authentication, compensation or investigation procedures can help. If the matter still does not progress, consult a local consumer affairs center. The platform is not automatically the seller or a guarantor of refunds, and publishing personal information is inappropriate.