E 800.000 to Telecom Italia for cold calling.
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.
- 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.
Despite the common structure of offer and acceptance, a contract concluded electronically must also provide for seller’s acceptance (otherwise, the buyer can terminate the contract).
The Competition authority in the Netherlands keeps track of warnings and imposes fines. The highest one can amount to E900k.
From this week, it will also be in charge of detecting and countering internet scams.
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 (?).
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.
- 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
Netherlands: a TLC-shop didn’t clearly mention the notice period and therefore incurred in unfair trade practices.
For the records, the applicable law doesn’t apply difference disciplines in case of online or offline agreement.
The newdirectiveintroduces a (rebuttable) presumption of harm, a right to full compensation and a limitaiton period of 5 years.
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”.
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.