[{"url":"https://www.ftc.gov/business-guidance/blog/2019/03/nixing-fix-warranties-mag-moss-restrictions-repairs","source":"FTC USA Business Blog Posts","description":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs lfair March 18, 2019 | 10:24AM Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs By Lesley Fair First, the bad news: That nifty purchase needs a repair. Now the good news for consumers: It’s still under warranty. But where can they go to get it fixed? Can the manufacturer restrict a consumer’s ability to go to the independent repair shop of their choice? Can the manufacturer use glue, non-standard screws, and proprietary diagnostic software that make it difficult for independent repair shops to fix things? Do limitations like these affect consumers’ rights under the Magnuson-Moss Warranty Act ? That’s the topic of Nixing the Fix: A Workshop on Repair Restrictions , an FTC event scheduled for July 16, 2019 . Enforced by the FTC, the Magnuson-Moss Warranty Act helps consumers make informed buying decisions and gives them access to remedies if the widget starts to fidget during the warranty period. One key consumer protection under Mag-Moss is that the law prohibits manufacturers from conditioning warranty coverage on the use of particular products or services. Here are some of the questions FTC staff intends to ask at Nixing the Fix : What’s the interplay between repair restrictions and the Magnuson-Moss Warranty Act’s anti-tying provision, which establishes that manufacturers can’t condition coverage on the use of parts or services identified by brand, trade, or corporate name? Do repair restrictions affect the market for extended warranties and service agreements? What types of restrictions are consumers running into when they try to get their stuff repaired? Are manufacturers’ restrictions having an impact on small fix-it businesses? Are manufacturers using software that may render products obsolete or unfixable if consumers engage in DIY or go to a local repair shop? Are repair restrictions necessary to reduce the risk of physical injury or to protect manufacturers from liability for products improperly repaired by others? Do consumers understand the effects of repair restrictions? We’re also looking for empirical research and data about the prevalence and impact of manufacturers’ repair restrictions. For example, what can you tell us about code that disables products that have been repaired by someone other than the manufacturer, product designs that make third-party repairs difficult (like attaching batteries with glue only the manufacturer can remove), contractual post-sale or licensing restrictions, or proprietary diagnostic software and replacement parts? Please send us your research and data by April 30, 2019. Do you have suggestions about possible panelists? Email us at nixingthefix@ftc.gov . Nixing the Fix will take place on July 16th at the FTC’s Constitution Center conference facility, 400 7th Street, S.W., in Washington, DC. It’s free and open to the public. You can file public comments online and we’ll keep the record open until September 16, 2019. Follow the Business Blog for more information about the agenda and for watch-the-webcast instructions.","id":3199073,"pubDate":"Tue, 06 Oct 2026 08:06:23 +0200","titre":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs"},{"url":"https://www.ftc.gov/business-guidance/blog/2014/04/keep-fcra-foreground-when-subject-background-screening","source":"FTC USA Business Blog Posts","description":"Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc.  Two cases just announced by the FTC  serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the  Fair Credit Reporting Act (FCRA) .  InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA.  Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants.  For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyone right now” was to “check out tenants before they rent.”  It also used a Google Ad Words campaign to make sure its site appeared when people searched for background checks on nannies, babysitters, maids, and housekeepers.  What kind of information would buyers get?  Current and previous addresses, birth certificates, arrest histories, and marriage and divorce records, to name just a few examples. InfoTrack offered similar services to employers nationwide, including background screening reports with people’s driving records, education and employment information, criminal histories, and even records from sex offender registries. How does the FCRA come in?  The law defines a “consumer report” as a “communication of any information” by a consumer reporting agency (CRA) that bears on a person’s “credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living” which is used (or expected to be used) as a factor in establishing their eligibility for credit, insurance, employment, or other reasons outlined in the law. According to the FTC, what Instant Checkmate and InfoTrack were doing triggered the FCRA.  For example, companies covered by the law must follow procedures to assure their reports are as accurate as possible, must take steps to see that those using their reports have permissible purposes for accessing them, and must provide required User Notices explaining key protections for consumers.  The law imposes special requirements when CRAs provide reports containing public record information that could have an adverse effect on a person’s ability to get a job.  In that case, the CRA must either: 1) notify the consumer that it’s reporting the information in the public record; or 2) maintain “strict procedures” – that’s the language in the law – designed to ensure the reported public information is complete and up to date. You’ll want to read the complaints for specifics of where the FTC says the companies fell short, but one example cited in the lawsuit against InfoTrack offers an object lesson on why FCRA protections are so important to consumers – and how the consequences can be devastating when companies don’t live up to the law.  According to the FTC, the reports InfoTrack provided to prospective employers included information about whether a job applicant was on the National Sex Offender Registry.  The employer would provide the first and last name and the date of birth to help InfoTrack with its search.  The problem was that before the fall of 2011, no date of birth was available for many names on the Registry.  If InfoTrack’s search found more than one person with the same first and last name, it reported a “possible match” to employers and gave them reports that included several different people with the","pubDate":"Mon, 05 Oct 2026 14:07:46 +0200","id":3198181,"titre":"Keep FCRA in the foreground when the subject is background screening"},{"url":"https://www.edpb.europa.eu/news/news/2026/edpb-conference-cross-regulatory-cooperation-what-we-learned_en","source":"EDPB News","description":"Brussels, 23 March - On 17 March 2026, the EDPB conference “Cross-regulatory interplay and cooperation in the EU: a data protection perspective” took place in Brussels. The event showcased high-level discussions, featuring contributions from representatives of key EU institutions, European Data Protection Authorities, academia and industry.  Key takeaways from the panel discussions Throughout the day, three panels were held, focusing on 1) data protection and competition , 2) the Digital Markets Act (DMA) and the GDPR , and 3) the Digital Services Act (DSA) and the GDPR .  During the first panel , speakers emphasised the critical need for cooperation between regulatory bodies in the fields of data protection and competition and shared views on what regulators in the two fields can learn from each other, especially in the aftermath of the Bundeskartellamt ruling. A speaker emphasized that regulators should align their approaches and recognize synergies between the two fields, such as protecting consumers and data subjects. Others pointed out that fixing harm to end users does not always solve competition issues, and that data protection should be considered in competition analysis only when relevant, on a case-by-case basis. Panellists also highlighted the need to cooperate not just on individual cases, but on broader concepts and legal principles.  In this context, the EDPB has recently agreed to develop joint guidelines with the European Commission to address the interplay between competition law and data protection. The discussions in the second panel centred on the joint guidelines on the DMA and the GDPR , which were developed by the European Commission and the EDPB and recently underwent public consultation. The joint guidelines are an unprecedented work and a good example of regulatory cooperation paving the way for further examples ahead, in line with the  EDPB Strategy 2024-2027 and  Helsinki Statement ’s objectives to strengthen cross-regulatory cooperation. A crucial goal of the guidelines is the development of a coherent and compatible interpretation of the DMA and the GDPR while respecting the regulatory competences. It was emphasised that these guidelines help break silos, strengthen consistency, and provide further clarity and legal certainty. All of this contributes to easier compliance, which is valued by stakeholders and increases trust. At the same time, certain speakers suggested improvements to the final version of the guidelines, bearing in mind the DMA should not be given primacy over the GDPR and that the measures companies have to comply with should be proportionate.  Other examples of cooperation in this domain were also mentioned, such as the participation in the High Level Group for the Digital Markets Act and specific instances of cooperation on concrete cases.  The last panel of the day explored how the Digital Services Act (DSA) and the GDPR interact. Panellists provided the example of the protection of minors: age   verification should be effective yet fully in line with data protection legislation.  They highlighted the growing need for strong coordination between the two frameworks, including the role of the European Board for Digital Services and other ways for the Commission and the EDPB to work together. A speaker also underlined the challenges and ongoing work on cross-regulatory cooperation from the perspective of a national authority. Another speaker urged regulators to work on building a fully coherent interpretation of the two frameworks and more globally of the digital legislation. Panellists also stressed that emerging technologies such as artificial intelligence are reshaping online ecosystems and, as a result, the role of the DSA and the GDPR.  The panel concluded with a clear message: online safety under the DSA and the lawful processing of personal data are two sides of the same coin, both calling for the DSA and the GDPR to be read coherently.  Highlights from the keynote speeches The event also","id":2780286,"pubDate":"Tue, 24 Mar 2026 14:08:47 +0100","titre":"EDPB conference on cross-regulatory cooperation: what we learned"}]