Posted in Consumer Law, IT Law

Augmented Reality: a new legal frontier for marketing?

In the UK the current Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP code) by the Advertisinng Standards Authority, there is no explicit mention of AR/VR.

Yet:

  • Regarding the “Electronic cigarette advertising prohibitions” , the same authority above explicitly includes “in-game advertisements (including AR and VR environments)”, and
  • even in lack of guidance, the current legal discipline describes marketing communications (i.e. advertisements) as ‘obviously identifiable as such’, therefore even a non-inclusive list of media may not stand this test.

Source

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Posted in Consumer Law, Contract Law, IT Law

Overeenkomst over domeinregistratie mag stilzwijgend worden verlengd

Again from teh Netherlands: can a domain be silently renewed?

IN this case ,the consumer appealed to the Van Dam law, which applies to consumer contracts and bans tacit renewals and limits such contracts to max 1 year.

Yet, does the domain provision apply to such law?

According to the Court, not, since a plain domain (without mailbox and additional service) is seen as a single service. This is a one-off and not a subscription that renews periodically (?).

Source

Posted in Consumer Law

In de fysieke winkel kan een consument een product even vasthouden of een demonstratie krijgen, maar bij een aankoop via internet wordt dat lastig. Daarom krijgen consumenten bij aankopen op afstand het recht van ontbinding (herroepingsrecht) tot 14 dagen na ontvangst van de goederen of diensten.

The Netherlands: a very well-made factsheet with periods, deadlines, exceptions, requirements/conditions to offer and exercise ones’s right of withdrawal after a purchase.

Some gems:

  • A notice should be served max 14 days after the purchase,
  • the recession form must be available online,
  • in case of withdrawal from all of the items, also shipment costs must be repaid to the consumer, and
  • refund can take place, at latest, 14 days after the notice

Source

Posted in Consumer Law

FTC’s First Action Against a Social Media ‘Influencer’ Might Not Be Last

The recent legal waves in Europe, requiring youtuber and social media users to disclose their relationship to the company they;re paid from to post comments, has hit the US too, perhaps even sooner than the old continent.

The last case revolves around Warner Bros and the marketing campaign to promote the video game “Middle Earth: Shadow of Mordor”.

Source

Posted in Arbitration Law, Consumer Law, Litigation, Privacy

Equifax Is Bashed for Forcing Arbitration on Consumers After Data Breach

Add insult to data breach.

123m clients of Equifax have lost their perosnal data, but luckily the company allows them to check whether their data has gone stolen.

Just check the box to agree on T&Cs that you would only sue them in arbitration and lose your rights to a class action.
The immediate correction allowed ocnsumer to opt out within 30 days from the agreement to the T&Cs.

All of this happened right before the 18th Sep, date by which the CFPB will enforce a law banning class action right waiver for consumers.

Source