Is Lady Justice Blind? – Japanese Government Playing Favorites
The fall of NOVA, Japan’s largest English language school has been well documented. One would think that the actions taken by the Japanese government (placing sanctions on NOVA sales that all but landed the knock out blow) would signal tougher times for all corporations that engage in similar shady practices. Not so, in my opinion.
According to an article in today’s Japan Times:
The Fair Trade Commission issued a warning Friday to NTT DoCoMo Inc. and KDDI Corp., the country’s two biggest mobile phone operators, for running misleading advertisements describing their cell phone rate plans.
The FTC cautioned the companies for putting pertinent information in fine print, in apparent violation of the truth-in-advertising law.
The article goes on to mention that this is not the first “warning” that was issued to these two companies:
The FTC issued similar warnings to the companies last year. Separately Friday, the Ministry of Internal Affairs and Communications urged the two to improve their ads.
This is a tad perplexing to me because one might figure that with repeated warnings some harsher penalty would be enforced. I do not defend NOVA for poor management and the smoke screens of lies and deceit. I think it should have suffered (regardless of my prior affiliation with NOVA as an Assistant Trainer). But what these two companies are being “warned” to stop doing is what NOVA was punished for. At first instance NOVA was challenged on its refund policy, that it was not clear and confusing, and that various claims NOVA was making were false (like students could schedule lessons at any time). Action was taken. What is happening here? No action is being taken. These companies get away with “warnings” from multiple government organizations.
The severity of actions against major telecommunications companies has farther-reaching ramifications than the collapse of NOVA. A nation’s telecommunications industry is a major economic indicator of that nation’s stability and prowess. Telecommunications is what has caused this world to be a smaller place. It is a lifeline in many of our lives. So, should the government proceed with some tact and delicacy…maybe? In the course of the rule of law, one has to ask – Is Lady Justice indeed blind? Is the Japanese government showing bias, or even corruption by letting these companies off with “warnings?”
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I don’t think you can compare NTT and KDDI, and Nova in this instance. Nova violated the Specific Commercial Transaction Law on 17 different counts. Massive consumer complaints also forced METI into action. If you read the METI press release, the fact that Nova willfully and maliciously engaged in deceit is very clear.
With the cell phone companies, the problem is seems to be with making some of the fine print more obvious. It’s hard to assign malice based on the article alone. The crimes aren’t the same, in my opinion.
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“The FTC cautioned the companies for putting pertinent information in fine print, in apparent violation of the truth-in-advertising law.”
These aren’t my words. Whether you compare malice or deceit or ignorance, these cell phone companies had been warned by multiple government bodies on multiple occasions. This isn’t the first warning. How many warnings does it take?
I’m not defending NOVA per se. At my branch school all was merry and bright. The teacher and students and staff lived in relative harmony. The government took the action it thought was necessary. I don’t question that. I’m just saying act fairly across the board. Always easy to say, but tougher to do – I know. Still government officials are paid to make tough decisions.
The severity of actions against major telecommunications companies has farther-reaching ramifications than the collapse of NOVA. A nation’s telecommunications industry is a major economic indicator of that nation’s stability and prowess.
Which is exactly why the government cannot risk actually hurting them.
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