In order to attract consumers to purchase goods or services, nowadays the marketing strategies have become varied and even weird. Among others, with the sharp growth of the population of youth and elder in recently year, it is astonishing to see more and more incidents that the “gold digger” promotes the transaction by the false Notice and improper Sale. Due to the fact that the crime of fraudulence could hardly be constituted in such cases, the victims usually seek relief through the civil compensation claim. However, the civil proceeding takes a long time so that the fraudsters may arrange a fraudulent conveyance for hiding their assets. As a result, the victims cannot acquire the compensation and thus the timely intervention of Administrative supervision is necessary.
Accordingly, at the outset, this article reviews some selected judgements from this kind of civil litigations and finds that the court’s reasoning seems somewhat contradictory to the legislative intent of The Consumer Protection Act of Taiwan. Furthermore, this essay suggests that “Catch Sales”,“Appointment Sales” and “Seduction Commercial Trick ”etc. in Japan should be a good legislative model for Taiwan to reform its legal framework in dealing with this type of fraudulence. The field of research has been restricted to commonality of the laws of bothcountry, the purpose is to highlight the problems of the effective consumer protection law concerning extraordinary purchase and sale and the appliance of this law at this field. Problems and questions that arise are identified, analyzed and possible solutions and proposal are made.
In particular, that the 2009 establish consumer protection organizations in central level,and amendment of the Act on Specified Commercial Transactions in Japan categorized these cases as "door-to-door sales" and allowed the competent agency to conduct an investigation, and then to issue an order of making corrections or other administrative sanctions with regards to the "false notice" ,"misleading or confusing" and "undue sale" is worth considering. Finally, this article summarizes the focal points of the newly amended Consumer Protection Act of Taiwan, analyzes its unresolved problems, and comes up with a legislative proposal for well resolving the aforementioned disputes.