Question from a reader:
I am enrolled in Orico’s roadside assistance service, but recently I encountered a car trouble where my tire got stuck in the sand, and I used the roadside service. However, I was charged 70,000 yen, and when I asked for a breakdown, the amount was reduced to 60,000 yen, then to 50,000 yen. I cannot accept being
charged money despite being enrolled in the roadside service. When I consulted with Orico, I was told that they couldn’t do anything because it was a partner company. The roadside service company apologized for not explaining the pricing, but they said they couldn’t lower the price any further. I was also told that I couldn’t cancel the service, and the responses from the phone operators and the company were poor, leaving me frustrated with the high charges and their arrogant attitude. Am I left with no choice but to suffer in silence?

Considering the Issue of High Charges from Orico’s Roadside Service

Recently, I received a question from a reader. The content was about being enrolled in Orico’s roadside service but receiving a high charge due to car trouble. I would like to consider this matter from a legal perspective.

Reconfirming the Situation

First, let’s clarify the situation. The reader used the roadside service after their tire got stuck in the sand. As a result, they received a charge of 70,000 yen, and when they inquired about the basis for this amount, it was reduced to 60,000 yen and then to 50,000 yen. What is the issue in this case? Why did a high charge occur despite being enrolled in the roadside service? It is necessary to check the details of the service contract. Generally, when enrolling in a roadside service, there is often an explanation of the service content and fees. If this explanation was insufficient, the consumer would have suffered a disadvantage.

Analysis from a Legal Perspective

Now, from a legal standpoint, the Consumer Contract Act comes into play. Under the Consumer Contract Act, businesses have an obligation to provide consumers with information about the contract in good faith. If the information provided was insufficient or misleading, there is a possibility that the contract could be deemed invalid. In this case, the fact that the company did not provide an explanation regarding the pricing is key. If the company did not present a clear fee and later issued a high charge, the consumer has the right to contest the unjust charge.

Application of Cooling-Off

Let’s also check on the cooling-off period. The reader mentioned being told that “cooling-off is not possible.” Cooling-off is a system based on the Act on Specified Commercial Transactions, which allows for the cancellation of a contract under certain conditions. However, cooling-off often does not apply to contracts for roadside service usage. However, if the company provided unjust explanations regarding the contract content, there are means to protect consumer rights even if cooling-off does not apply.

Specific Action Plan

So, how should one address this issue? First, consider the following actions.

1. Request a Detailed Breakdown of Charges

First, request a detailed breakdown of the charged amount in writing. By clarifying the breakdown of charges and what services incurred that amount, you can strengthen your position.

2. Utilize Consultation Services

Next, I recommend consulting with a consumer center or legal consultation service. By hearing the opinions of experts, you can obtain more specific advice. Depending on the situation, consulting with a lawyer and pursuing legal action may also be an option.

3. File a Formal Complaint with the Company

Filing a formal complaint with Orico or the partner company is also one option. A written complaint will serve as a record and can be used as evidence later. It is important to clearly communicate your claims.

Organizing Emotions and Self-Defense

When caught up in such troubles, emotions can easily run high. Especially when the other party’s response is arrogant, it can add to the stress. In such times, it is important to take a moment to calm down and organize your emotions. By maintaining composure and taking action to protect your rights, you can ultimately lead to a resolution of the issue. You do not have to suffer in silence. By asserting your rights, you may also set a good precedent for other consumers.

Conclusion

The issue of high charges related to Orico’s roadside service contains many problems from the perspective of the Consumer Contract Act and unjust charges. By obtaining correct information and acting calmly, you can protect your rights. If you encounter similar troubles in the future, be sure to keep records and proceed with the necessary procedures. Your rights are something you must protect yourself.