Review of ICA-Net and Case report

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Review of ICA-Net and Case report
November 2, 2010 Vancouver Canada
Eiichiro Mandai (ODR Room Network)
Modified based on
A report at January 21, 2010 Jakarta, Indonesia
By Yuko Tonomura of EC Network (Japan)
Although the number of cases is
small,
these cases offered many valuable
insights for the paradigm of
effective complaint handling of
cross-border
e-commerce.
(ERIA report 2009)
Who involved?
Consumer
Business
CALO
Relate org.
Result
1
Japan
China
EC Network
BBB,TRUST
e,eBay
Partially
solved
2
Thailand
Australia
ECN, CI
Provide Info
3
Japan
Japan,US
ECN,BBB
Solved
4
Japan
Spain
ECN
eBay
Partially
Solved
5
Taiwan
UK
CI,SOSA, ECN
CI london
pending
6
France
Japan
ECN, Forum des
droit sur l Internet
Cabinet
office(JP)
Unsolved
7
Kenya
Japan
ECN
METI,JUMV
EA,JAAI
Provide alert
8
US
China, US, Japan, ECN, BBB
Sweden,
Germany,
Australia
Provide alert
Under
investigation
2
Handled Eight of Cross-border Cases
Case 1: Misuse of BBB Trustmark
A Japanese consumer received fake UGG Australia boots. The site
displayed Trustmarks of BBB and TRUSTe without permission.
Case 2: Domain Registration
Thai consumer filed this complaint over Australian domain name registrar
to CI in Kuala Lumpur (KL).
Case 3: Negative Option
A Japanese consumer had trouble with a Japanese subsidiary of BBB
member company in US. EC Network bridged this complaint to HQ and
received their response.
Case 4: Fake Escrow Company
A Japanese seller on eBay fell victim of a fraud. EC Network requested
for eBay an investigation, the disputed site was shut down after eBay
alerted the Registrar/ISP
Case 5: Not delivered after payment
CI in KL received a complaint from a Taiwanese consumer who
purchased goods from a motorcycle dealer in the UK. The consumer lost
contact with the business. SOSA (Taiwan) will support the consumer
and is looking for a contact in UK.
3
Handled Eight Cross-border Cases
• Case 6: Not delivered goods from Japan
Forum des droits sur l‘internet, a complaint handling organization
regarding IT and e-commerce in France, sent a complaint from a
French consumer who has not received goods from an auction
agent in Japan to EC Network. After EC Network’s investigation, it
was discovered the agent had already run away.
• Case 7: Unable to import a car from Japan
EC Network receive complaints from consumers outside of Japan.
Most of them paid in advance and lost contact with Japanese
businesses and could not receive cars. We consulted with METI on
this matter.
• Case 8: The shop closed in China
The headquarters of overseas study program broker in Seattle has
closed up shop unexpectedly, stopped paying bills for students on
site for studies in China, and closed their school in China. BBB
visited the Seattle office, and found out that mail was piling up
inside the front door. Their website is still up and running. BBB
contacted EC Network whether the company’s office in Japan was
doing business. EC Network contacted them by email and phone,
but received no reply.
4
Case 1: Misuse of BBB Trustmark
Consumer: Japan
Business location: China
CALO involved:
EC Network (Japan)
Related organization:
Paypal, BBB, TRUSTe
• Ordered UGG boots, paid through Paypal / received
counterfeits
• Complaint to Paypal singapore, the case was unaddressed.
• The business display unauthorized BBB and TRUSTe marks.
• BBB’s legal demanding remove the mark, All Trustmarks
(BBB and Truste) were removed
• The case didn’t reach a settlement. The action by BBB led to
a near shut down of this business’ website.
Contributed to : Help prevent others from
becoming the victim of the fraudulent business.
5
Case 2: Domain Registration
Consumer: Thailand
Business location: Australia
CALO involved:
EC Network (Japan), CI (KLO)
Related organization:
• A Thai consumer filed to CI against an Australian domain
name registration company
• charges and the transfer of his domain name.
• The company suggests to consult a credit card company.
• He lost his domain name.
• EC Network consulted with the National Internet Registry in
Japan and found (TDRP) by ICANN.
• EC Network informed CI about TDRP.
Contributed to : provide the most effective
means for solving disputes to consumers.
6
Case 3: Negative Option(1)
Consumer: Japan
Business location: Japan, US
CALO involved:
EC Network (Japan), BBB(US)
Related organization:
• A consumer purchased computer software from a Japanese
subsidiary of a BBB Accredited Business.
• An option pre-checked to purchase online game written in
small print notice.
• Pre-checked “acceptance box” was misleading. Later He
canceled the game service.
• He was denied a full refund. The complainant filed, sent the
complaint to U.S. HQ through BBB.
• The HQ issued him a refund. The Japanese subsidiary
modified and improved the web. (font size to larger.)
• In the end, the company followed the EC Network’s advice.
7
Case 3: Negative Option(2)
Consumer: Japan
Business location: Japan, US
CALO involved:
EC Network (Japan), BBB(US)
Related organization:
Contributed to :
•Solve with full refund.
•Share business practice.
•Importance of taking account of other
country’s business practice in cross-border ecommerce.
•Prevent future dispute.
Well-known regulation or self-regulatory (by
such as BBB) is important.
8
Case 4: Fake Escrow Company
Consumer: (seller) Japan
Business location: Spain?
CALO involved:
EC Network (Japan), CI (KLO)
Related organization:
eBay
• A Japanese seller on eBay fell victim of a fraud. He was
recommended fraud escrow.
• EC Network requested for eBay an investigation, the disputed
site was shut down after eBay alerted the Registrar/ISP
• those malicious sites often close their websites, disappear,
only to launch new websites under different names, simply
continuing the fraud.
Contributed to : Cooperation with law
enforcement entities at the earliest stages to
minimize the extent of damage for fraudulent
9
Case 5: Not delivered after payment
Consumer: Taiwan
Business location: UK
CALO involved:
SOSA, CI (KLO), EC Network
Related organization:
CI london
• A Taiwanese consumer purchased from a motorcycle shop in
the UK, but the shop did not ship any items.
• Called and emailed, there was no response
• The consumer consulted CI London, contacted CI’s Kuala
Lumpur office about this complaint.
• Obtaining consent handling personal information among the
above-mentioned CALOs, CI’s Kuala Lumpur office and
SOSA of Taiwan proceeded to handle this case.
Contributed to : Consumer association play a
bridging role for international e-commerce
10
Case 6: Not delivered goods from Japan
Consumer: France
Business location: Japan
CALO involved:
EC Network, Forum des droit sure internet
Related organization:
Cabinet Office (JP)
•
•
•
•
French consumer bid and won in auction via auction agent.
Paid but not received, lost contact.
Whether Auction agent is illegal? In Japan, it’s legal.
The web site exists, but the business already disappeared.
Contributed to : Find an operational status the
business in other region, exchange law
information.
11
Case 7: Unable to import a car from Japan
Consumer: kenya
Business location: Japan
CALO involved:
EC Network
Related organization:
METI, Embassy, JUMVEA, JAAI
• EC Network receive complaints from consumers outside of
Japan.
• Most of them paid in advance and lost contact with
Japanese businesses and could not receive cars.
• Consulted with METI
• METI consult with embassy, JUMVEA and JAAI
• JAAI advertize to alert in Keyna
Contributed to : Effort by CALO encouraged
Governments, Industry groups to understand
12
Case 8: The shop closed in China
Consumer: US
Business : China, US, Japan, Sweden, Germany,
Australia
CALO involved:
BBB, EC Network
• The HQ of overseas study program broker in Seattle has
closed up shop, stopped paying bills for students on site for
studies in China, and closed their school in China.
• BBB visited the Seattle office, and found out that mail was
piling up. Their website is still up and running.
• BBB contacted EC Network.
• EC Network found school exists under different name in the
place.
Contributed to : Learn an operation status in
other region to inform consumer.
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Thank you!
ODR Room Network
www.odr -room.com/
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