Mr. Shigeho Shinagawa
Has Become JADMA's New President
The Japan Direct Marketing Association held its 21st general meeting
on 28th May, 2004 in Tokyo. Mr. Kenji Ikemori has resigned from the
President's post after serving 2 years, or one full term, and Mr. Shigeho
Shinagawa, the President of the Japan Correspondence Course of Education
Union, was elected as the new President of JADMA. Mr. Shinagawa had
been an active Vice President of JADMA from fiscal 1995 to fiscal 2003.
He served as Chairman of the General Affairs Committee for the same
period.
The Japan Correspondence Course of Education Union was established in
1954 with capital of 110 million yen, marketing correspondence courses
as well as of educational and entertainment audiovisual goods and software.
Its sales for fiscal 2003 were 56 billion yen.
Tightening of Regulations
(1) Regulations on Advertisement
a) The Law for Preventing Unjustifiable Extra or Unexpected Benefit
andˇˇMisleading Representation (Premiums and Representation Law) was
revised in November, 2003. Marketers presenting descriptions concerning
the ability, capacity or effect of merchandise or services may be
required by the Fair Trade Commission to submit reasonable grounds
when such descriptions are considered aggravating. Should the marketer
fail to submit reasonable grounds within 15 days after the request,
the commission shall issue an order to remove the advertisement.
b) The Specified Commercial Transaction Law will be revised this coming
November. Like the Premiums and Representation Law, it requires reasonable
grounds for product claims. It also requires toˇˇpost hardware requirements
for computer software sales through the direct marketing method. And
for e-commerce, date of data updated should be posted on the web sites
when marketers claim that merchandise is the newest model.
(2) The Personal Information Protection Law
The revised version of the above mentioned law will be effected from
May, 2005. Under the law, private firms holding personal information
of more than 5,000 individuals are obliged:
- to specify the purpose of use and not to use the personal data beyond
such purpose;
- not to obtain personal data by inappropriate means;
- to update and keep accurate contents of the data;
- to safe-guard the personal data against loss, system failure and
leakage;
- not to provide an individual's personal data to third parties without
such individual's consent except in certain instances; and
- to disclose the purpose of use of, to correct, or to suspend using,
an individual's personal data, upon such individual's request.
Revision of JADMA Guidelines
(1) Revision of Guidelines for Personal Data Protection
In response to the revision of the Personal Information Protection
Law, The Ministry of Economy, Trade and Industry issued Guidelines
for Economic Industry in Regard to the Personal Information Protection
Law in July. Accordingly, we are working to revise JADMA guidelines
for Personal Data Protection for public release in October.
(2) Revision of Guidelines for TV Shopping
In response to the advertisement elimination order to DRTV marketers
from the Fair Trade Commission, we are working to revise JADMA Guidelines
for TV Shopping, which are also scheduled to be
released in October. The revised version should be more specific and
practical than the current one. We plan to attach reference material
to show specific guidance for TV commercial message production.
Action Line
We also have an action line which assists consumers who have an unresolved
problem with a direct marketing transaction. In fiscal year 2003,
we received 8,330 calls from consumers, which include mere questions
and consultation for general sales transactions other than direct
marketing. The number of complaints to JADMA members was 1,031, a
49.4% increase compared to the previous year, because a member company
experienced a stock shortage and delay of delivery. As for non-members,
1,363 complaints were received. This is a 52.1% increase compared
to the previous year. We presume that this is because The Fair Trade
Commission ordered some marketers to eliminate ads claiming slimming
effects for diet supplements.
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