Taipei Times: Many media reports have said the Consumers' Foundation added a new achievement to its list when Nike Taiwan's high-ranking officials finally apologized to the public over its mishandling of Michael Jordan's brief stage appearance in late May. Do you think it indicates that consumers have fought a good fight to uphold their interests?
Cheng Jen-hung (程仁宏): I wouldn't say this marks a victory for Taiwan's consumer movement. There is still a long way to go to raise consumer awareness and educate businesses to respect consumers' rights and interests.
PHOTO: GEORGE TSORNG, TAIPEI TIMES
When the foundation was established in 1980, it had only a desk, a telephone and a volunteer lawyer, Lee Shen-yi (李伸一), who is now a Control Yuan member. Throughout the past 24 years, we have presented many consumer-related issues and programs.
Take the Nike incident for example. Many people filed complaints with us. But the local company of the US sportswear maker adopted a tough attitude and refused to admit its mistakes. It just tossed out a small candy [posters featuring Jordan as compensation], thinking that it had shown sincerity.
When the Cabinet-level Consumer Protection Commission intervened in the negotiations, it announced a new compensation scheme on behalf of the company, to give out Air Jordan 1 Retro Low shoes to the 700 fans. The commission thought it helped consumers garner the most benefit, but actually it does not really understand what consumers want.
Therefore, the foundation once again presented its demands and issued an ultimatum, ie product boycotts. Before the boycott plan was set to start, the company's chief apologized under the pressure of consolidated consumer force.
To continue to educate the public is one major direction we are working on. United force can be translated into pressure against unlawful companies.
TT: Since the company offered apologies and agreed product refunds without condition on May 28, each of Nike's 30 outlets nationwide has only had a single-digit number of cases who returned goods when more than 1,000 Jordan fans are qualified to do so. What's the problem here?
Cheng: This implies two things. Some felt embarrassed to return the products they had used, although the company said there is no ceiling. Also their feelings have been assuaged after the company admitted its mistakes. For some, whether they could return the products, or not, was not the point.
The second thing is public education is required so that they know better how to protect their own interests. Some consumers could not make the refunds because they failed to keep the receipts that proved their purchase.
TT: As shown by recent consumer issues, a huge gap exists in the demands and decisions made by the Consumers' Foundation and the Consumer Protection Commission. Sometimes we even feel that these two organizations have conflicting ideas.
For example, when the foundation asked for, say, an apology and NT$100,000 each in compensations to consumers, the commission allowed the companies to bargain and offered merely NT$20,000. What's your opinion?
Cheng: Protecting consumers' rights and interests is the top goal for these two organizations.
Although the Consumer Protection Commission was also set up for the same goal, it nevertheless takes into consideration the positions of business operators. Even worse, it ends up becoming the mouthpiece and copy machine of the companies. Its role is confusing.
What I suggest is a cooperative model of "good cop, bad cop." The NGO has no burden and can present the best solutions and compensation programs for consumers. The government organization then can use this as its backing and as a bargaining chip to negotiate with the companies, thereby living up to the purpose of its establishment -- protecting consumers.
TT: The foundation frequently holds press conferences to address vastly different issues. How do you digest these topics and make sure what you say is correct?
Cheng: The foundation has 19 panels, composed of around 1,000 scholars and experts in different fields. Consumer complaints and our consultants' suggestions are compiled, then evaluated and organized into a database. If the topics are significant and educational, we conduct in-depth discussions and exchange opinions with related professionals before presenting them at press conferences. I also participate during the process.
TT: How is the foundation financially supported?
Cheng: The foundation is supported by donations and revenues from the publication ofConsumer Reports of Taiwan. An interesting thing is, recently, small donations are on the rise. Some consumers donated the money compensated by companies to thank the foundation for help. As for full-time employees, we have around 20 at our Taipei headquarters, two in Taichung, two in Tainan and another two in Kaohsiung. They are handling around 4,000 complaints every month. All the experts on our 19 panels, and I, are volunteers.
TT: But you seem to spend almost every day in the foundation. What's your full-time job?
Cheng: I am a professor of environmental protection and green consumption at Chinese Culture University. I used to be a convener of two panels for the foundation.
TT: One of your characteristics, shown at press conferences, is that you talk sharply and often use metaphors to impress the media and therefore the public. Do you think the language you use is effective in gaining more media coverage and attracting the public's attention?
Cheng: From my experience in education, I know we can better convey our ideals in succinct verbal and print languages.
When I took over the post as foundation secretary general nearly two years ago, I expected to achieve three goals: to feel the pulse of consumer behavior; to respond to consumer-related issues immediately; and to create consumer issues.
Now we have moved on to the last stage. Before some issues surface, we have noted problems from complaints or information from friends. Then, it is our intention to employ the power of language to garner news coverage in the limited media space that is available to us.
TT: In the case of personal information theft by telecommunications operators that is currently snowballing, the foundation pointed out the punishments stipulated in the related laws are too light. Has the foundation thought about pushing to amend the related laws?
Cheng: We are already compiling information to urge the legislature to amend the laws -- such as the Law for the Protection of Computer-managed Personal Information, and the Banking Law -- and mete out heavy punishments to companies that break the law. But judging from the current situation in the legislature, which is known for conflicts of interest between lawmakers in the different committees, it is doubtful whether that goal can be achieved.
TT: But instead of being passive and saying there are difficulties, the foundation should initiate action. What plans do you have?
Cheng: As conglomerates and partisan interests often dominate political maneuvering, it's really a big challenge to push for amendments to the law because ethical persuasion does not work. We do not rule out applying electoral pressure on legislators. That is, we might make public the ranking of the lawmakers who respect consumers' rights the least.
TT: Is it possible that consumer movements might transform into consumer politics? Because what you have said would involve a certain degree of "exchange."
Cheng: To announce rankings would be the most effective way, which does involve a bit of politics. But because the foundation has no governing power, it is really hard to demand of companies that they should make improvements or offer compensation. Why should they bow to us? The only legacy we have is public credibility.
TT: What do you think of Taiwan's consumer movements?
Cheng: Compared with other countries, there is still much room for improvement. But certainly, Taiwan's consumer activities have made some progress over the past 24 years.
One reason that hinders better progress is that most people are still passive. Victims are usually unwilling to spend time asking for compensation. They even blame themselves for, say, slipping on wet floors.
Therefore, public education always tops the agenda for the foundation. We encourage consumers to stand up and expose the businesses that disregard consumers' rights.
TT: What future direction will the foundation move in?
Cheng: Taiwan's consumer movements are moderate. They are not like political events, where hundreds of thousands of people can be easily mobilized to hold demonstrations. The foundation is now considering whether we should call on consumers to take to the street to consolidate consumer awareness.
In the Nike incident last month, we planned for the first time to have volunteers stand outside Nike outlets with signs calling for a boycott of products. The action was later canceled because the company had apologized.
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