Implementation of Order for Measures against Boa Sorte Co., Ltd. Concerning Violation of the Act on Regulation of the Transmission of Specified Electronic Mail

Outline

  1. In principle, it is prohibited for any sender to send specified electronic mails to persons other than those who have notified the sender or its consignor of the request or consent to send them specified electronic mails prior to the transmission thereof (Article 3, Paragraph 1 of the Act (Limitation of the transmission of specified electronic mails). In addition, when any sender intends to send specified electronic mails, it shall make sure that certain matters such as the personal name or legal name of the sender is correctly displayed in the main text of mails (Article 4 of the Act (Obligation of labeling))
  2. The fact was found that Boa Sorte Co., Ltd. sent electronic mails to advertise or propagate the website “I-LIFE” operated by the company without obtaining the consent of receivers before at least from February 1 to June 29, 2012 and violated the provision of Article 3, Paragraph 1 of the Act. In addition, the fact was found that the company did not display the legal name of the sender at least from February 1 to June 29, 2012 and violated the provision of Article 4 of the Act.
  3. Therefore, on August 3, 2012, the MIC and the Consumer Affairs Agency have issued an administrative order for measures against Boa Sorte Co., Ltd. ordering the company to comply with the provisions of Article 3, Paragraph 1 and Article 4 of the Act concerning the methods of electronic mail transmission based on the provision of Article 7 of the Act.

  Subject of order

Name of business operator	Boa Sorte Co., Ltd.
Location	5-25-13, Nishishinjyuku, Shinjyuku-ku, Tokyo, Para-fellow apartment house 3A
Representative	Kazuki Ito
Date of establishment	February 17, 2011
Capital	5 million yen

 
  Fact related to this company
 

Subject of publicity or advertisement	Website “I-LIFE” operated by Boa Sorte Co., Ltd.
Period during which the transmission of electronic mails was confirmed	From February 1 to June 29, 2012
Number of specified electronic mails on which consultations have been made	A total of 2,540 mails from 199 persons (total number of specified electronic mails on which consumers consulted the Japan Data Communications Association for consultation)
Content of violation	Boa Sorte Co., Ltd. did not obtain the consent of receivers prior to the transmission of electronic mails to advertise or propagate the website “I-LIFE” operated by the company. In addition, the company did not display the matters provided in the Act (legal name of the sender) in the main text of electronic mails sent to advertise or propagate said website.
Related law	Article 3, Paragraph 1 (Limitation of the transmission of specified electronic mails)and Article 4 (Obligation of labeling) of the Act

 
MIC’s website of measures for junk mails
http://www.soumu.go.jp/joho_tsusin/d_syohi/m_mail.html
Consumer Affairs Agency website
http://www.caa.go.jp/index.html