In the field of third-party payment services, the regulation in Taiwan depends on whether it only operates the business of collecting and making payments for real transactions as an agent, and the total balance of the funds collected and made of the institution as an agent under its custody does not exceed a certain amount NT$2 billion. Moreover, because the electronic payment institutions are “other financial service industry” that are subject to the application of the Financial Consumer Protection Act, the consumer of the electronic payment institutions could choose to file a complaint and seek dispute resolution in Financial Ombudsman Institution. However, the consumer of the third-party payment could only be handled through general dispute resolution mechanism, resulting in differences in the dispute resolution mechanisms that users can choose. This regulatory difference also creates administrative complexity.
In order to have a complete discussion on the protection of the rights and interests of users of third-party payment, this article will discuss the basis under Civil Law, Consumer Protection Act, Financial Consumer Protection Act and Fair Trade Act. This article introduces the system of US law and the case of Federal Trade Commission (FTC), and further explores the possibility of adopting similar administrative control measures of FTC under the existing legal framework in Taiwan.