[{"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","id":3241470,"description":"CALL member Dominique Garingan , Library Manager in the Calgary office of Parlee McLaws LLP, recently wrote an article on \" The Singular They: Gender Inclusivity in Canadian Legal Writing and Style Guides \" . It originally appeared on the website Notes Between Us on June 22, 2022 . It is reprinted here with permission. Language is a product of culture, and it is known that the English language lacks a singular pronoun that signifies the non-specific   he   or   she . Although at times unintentional, this singularity versus plurality of pronouns, coupled with gendered indicators, has helped entrench the binary perceptions of gender found in writing which we are now seeking to change.  The Department of Justice of Canada recently provided a   series of guidelines   on the use of gender-neutral language in a legislative context. These guidelines include as a recommendation the use of the singular   they   and its other grammatical forms ( them ,   themselves , and   their ) to refer to indefinite pronouns and singular nouns 1 . In addition, dictionaries such as the Oxford English Dictionary ( definition 2 | blog ), the Canadian Oxford Dictionary ( definition 3 ), the Cambridge Dictionary ( definition ) and the Merriam-Webster Dictionary ( definition | blog ) have acknowledged both the acceptability – and, for some, the controversy – of the singular   they. While there seems to be a growing acceptance towards gender inclusive and non-binary pronouns, this post seeks to explore an increasingly acknowledged yet still seemingly paradoxical entity in legal writing:   the singular   they . This post briefly investigates the use and acceptance or lack thereof of   they   as a singular pronoun through a review of a limited sample of Canadian legal research, writing, and style guides accessible to the writer. Although current writing practices on gender inclusivity may have since changed since the publication of these titles, this post hopes to assist writers, researchers, librarians, and information professionals by providing a non-exhaustive point-in-time review of Canadian legal writing references and help facilitate a turning point in the journey towards greater inclusivity in legal writing. The Literature Reviewed (in Reverse Order of Publication) Edward Berry,   Writing Reasons: A Handbook for Judges , 5th ed (Toronto: LexisNexis Canada, 2020).  In the sample of guides reviewed,   Writing Reasons   seemed to provide the most inclusive perspective in its instruction. It was somewhat refreshing to see a writing handbook for judges as being the most progressive in its recommendations, albeit also the most recently published. The guide contains a section entitled   Prejudicial Language   and provides a checklist for more inclusive strategies. (p 114-115) “Invite the parties to define their own identity” is first on the list. As an example, Berry notes that some people may prefer the gender neutral   Mx.   to   Mr.   or   Ms . “Be wary of personal pronouns” is also listed. Here, Berry states that those who don’t identify as male or female may prefer   they . Berry notes the acceptance of   they   as a singular pronoun. However, the","pubDate":"Mon, 26 Oct 2026 07:55:48 +0100","titre":"CALL Member Article: Gender Inclusivity in Canadian Legal Writing and Style Guides","url":"https://www.callacbd.ca/CALL-Blog/12854401"},{"description":"dc.contributor.author: Boeckstaens, Emilie dc.date.issued: 2026-10 dc.description.abstract: Ce mémoire explore la construction du corps dit « horrifique » à travers l’histoire de l’art, la norme sociale et la dissidence queer. En partant du mythe de Méduse, figure ambivalente de transformation et de pouvoir du regard. J’en explore les représentations dans l’histoire ainsi que la philosophie du miroir et du regard qu’il mobilise — une réflexion qui remet en question notre perception de l’image de l’autre, mais aussi de nous-mêmes. L’étude se poursuit avec les freak shows et la manière dont des individus y ont été exhibés en tant que « monstres », avant de s'intéresser à la réappropriation de ces corps dans les pratiques artistiques queers contemporaines par le biais du premier long métrage du réalisateur espagnole Eduardo Casanova, analysant la manière dont certains corps sont perçus, stigmatisés ou rejetés. De ce mémoire découle un scénario se déroulant dans un univers postapocalyptique où créatures horrifiques et humains coexistent dans une version inversée de notre monde actuel. Les corps monstrueux y deviennent la norme, tandis que les humains représentent une minorité marginalisée et pointée du doigt. À travers l’évolution du personnage principal, dont le corps se transforme progressivement, le film cherche à renverser les points de vue et à porter un regard positif sur la différence, encourageant ainsi l’acceptation de l’altérité.; This dissertation explores the construction of the so-called \"horrific\" body through art history, social norms, and queer dissidence. Starting with the myth of Medusa, an ambivalent figure of transformation and the power of the gaze, I explore its historical representations as well as the philosophy of the mirror and the gaze it mobilizes—a reflection that challenges our perception of the image of the other, but also of ourselves. The study continues with freak shows and the way individuals were exhibited there as ‘monsters,’ before turning to the reappropriation of these bodies in contemporary queer artistic practices through the first feature film of Spanish director Eduardo Casanova, analyzing the ways in which certain bodies are perceived, stigmatized, or rejected. From this thesis emerges a screenplay set in a post-apocalyptic world where horrific creatures and humans coexist in an inverted version of our current society. Monstrous bodies have become the norm, while humans are reduced to a marginalized minority, singled out and stigmatized. Through the evolution of the main character, whose body gradually transforms, the film aims to challenge perspectives and promote a more positive view of difference, encouraging the acceptance of otherness. dc.type: Thèse ou mémoire / Thesis or Dissertation etd.degree.discipline:","id":3217999,"source":"Faculté de droit Travaux récents","url":"https://hdl.handle.net/1866/45142","titre":"Ce que l’on voit, ce que l’on fuit : le corps horrifique entre art, norme et dissidence","pubDate":"Thu, 15 Oct 2026 08:11:35 +0200"},{"id":3203250,"description":"i-Dressup and a data security mess-up lfair April 24, 2019 | 3:08PM i-Dressup and a data security mess-up By Lesley Fair Kids love to play dress-up, but parents wouldn’t want them rummaging through the attic or climbing to the top shelf of the wardrobe without permission and proper supervision. The i-Dressup.com website offered users – including children – a virtual way to play dress-up and design clothes without those potential dangers. But according to an FTC complaint, Unixiz, Inc. , the company behind i-Dressup, violated the Children’s Online Privacy Protection Act in ways that created different kinds of risks. COPPA puts two separate sets of protections in place to help keep parents in control of personal information collected from their kids online. First, COPPA-covered companies must clearly disclose their information policies and get parental consent before collecting personal information from children under 13. Second, companies must provide reasonable and appropriate security for the data they collect. According to an FTC settlement, i-Dressup fell short on both COPPA requirements. The complaint alleges i-Dressup failed to provide sufficient notice on its site of the information it collected online from kids, how it used it, its disclosure practices, and other specifics required by the COPPA Rule. The company’s direct notices to parents were deficient, too. Among other things, they didn’t include the COPPA-required statement that if parents don’t provide consent within a reasonable time, i-Dressup will delete their online contact information from its records. Stick with the story because that failure turned out to be particularly troubling. In addition to letting users play online games, i-Dressup featured a community where they could “explore their creativity and fashion sense with unique personal profiles” and interact with others. To register, i-Dressup required people to submit a user name, password, birthdate, and email address. If the birthdate indicated the person was under 13, the email field changed to “Parent’s Email.” Once the under-13 user filled in the required fields and clicked “Join Now,” i-Dressup collected the personal information and sent a message to the address entered into the Parent’s Email field. The person receiving the email could consent by clicking the “Activate Now!” button. However, if the parent didn’t give consent, i-Dressup retained the personal information it had collected from the child online. The FTC says the company’s failure to delete that information violated Section 312.5(c)(1) of the COPPA Rule. In addition to violating COPPA’s parental consent provisions, i-Dressup allegedly violated the Rule’s data security requirements . According to the FTC, i-Dressup stored and transmitted users’ personal information (including passwords) in plain text. In addition, the company failed to perform network vulnerability testing of its network, even for well-known threats like SQL attacks; it didn’t implement an intrusion detection and prevention system; and it didn’t monitor for potential security incidents. The upshot? The company learned that a hacker had gained entry to its network and accessed information about 2.1 million users, including approximately 245,000 users who indicated they were under 13. To settle the case , i-Dressup and its owners will pay a $35,000 civil penalty. They’re also prohibited from violating COPPA in the future, and can’t sell, share, or collect any personal information until they implement a comprehensive data security program and get independent biennial assessments. In addition, they’ll have to provide the FTC with an annual certification of compliance. The message for sites and operators covered by COPPA is that an effective system of parental consent is only the first step toward compliance. Section 312.8 of the COPPA Rule also requires you to “establish and maintain reasonable","source":"FTC USA Business Blog Posts","pubDate":"Thu, 08 Oct 2026 08:06:59 +0200","url":"https://www.ftc.gov/business-guidance/blog/2019/04/i-dressup-data-security-mess","titre":"i-Dressup and a data security mess-up"},{"pubDate":"Wed, 07 Oct 2026 14:05:07 +0200","titre":"Root, root root for the regions","url":"https://www.ftc.gov/business-guidance/blog/2018/09/root-root-root-regions","id":3201877,"description":"Root, root root for the regions lfair September 24, 2018 | 2:03PM Root, root root for the regions By Andrew Smith, Director, FTC Bureau of Consumer Protection T his year eight major league baseball teams are celebrating milestone anniversaries – and so are the FTC’s regional offices. In 1918, the Commission opened the first three of its regional offices. Today, eight regional offices continue to knock it out the park on behalf of America’s consumers. So it’s only fitting that on this momentous day we acknowledge the regional offices’ century of pennant-winning performances. According to the Commission’s 1918 Annual Report, “In order to expedite the greatly increased work of the Commission . . . small branch offices were established in New York, Chicago, and San Francisco.” Over time, the FTC has added other locations for a current total of eight offices in seven regions. Regional staff work with the Bureau of Consumer Protection and the Bureau of Competition on investigations and litigation. But they are in a unique position to host roundtables and workshops in their communities; to coordinate with local, state, and cross-border law enforcers; and to build partnerships with consumer groups and small business organizations within their region. According to the scouting report, there isn’t a pitch they can’t hit. Here’s a brief look at each region’s box score with a focus on just a few of their many MVP contributions to the FTC’s consumer protection mission. East Central Region . In 1918, the Cleveland Indians finished just out of pennant contention, but the FTC’s Cleveland-based office works hard to bring home the W for consumers and small businesses. For example, ECR has brought a number of cases over the past two decades to protect small businesses in their area and around the country, including cramming, business directory, and unordered merchandise scams. Recently, ECR played a central role in Operation Main Street, the FTC’s recent initiative against scammers targeting small businesses. Midwest Region . Chicago fans may be divided in their loyalty to the Cubs and the White Sox, but consumers who lost money to scammers who used the services of a major money transfer company are united in their appreciation for the FTC-DOJ settlement that returned $586 million back to them. And just recently, MWR hosted the Commission’s workshop on cryptocurrency scams and took a lead role in Operation Tech Trap, a coordinated state, federal, and international effort to shut down tech support fraudsters. Northeast Region . Given New York’s connection to names like Huggins, Houk, Stengel, Berra, and Torre, it’s no wonder the FTC’s Northeast Region has particular expertise in coaching. But in NER’s case, it’s about companies that make deceptive “coaching” and money-making representations. The New York-based office also has been one of the FTC’s power hitters in addressing misleading practices in the affiliate marketing industry. And from their Big Apple location, NER has been a leader in educating consumers, particularly older Americans and small businesses. Northwest Region . Like their hometown Seattle Mariners, the FTC’s Northwest Region has a proven record of navigating the complexities on the field of play. NWR coordinated Operation Donate with Honor, a nationwide crackdown on fraudulent charities alleged to have conned consumers by falsely promising their contributions will help veterans and servicemembers. In addition, our team in Seattle regularly coordinates with Canadian counterparts to combat cross-border fraud. And they’ve been ahead of the curve on tech issues, bringing one of the FTC’s first internet cases in the 90s and more recently, an early online influencer action. Southeast Region . The Atlanta Braves boast a national fan base – and due to their expertise in fighting fraud, the FTC’s Southeast Region can be proud of its coast-to-coast impact,","source":"FTC USA Business Blog Posts"},{"url":"https://www.ftc.gov/business-guidance/blog/2017/07/we-cant-go-no-can-do","titre":"We can’t go for that (no can do)","pubDate":"Tue, 06 Oct 2026 14:06:39 +0200","source":"FTC USA Business Blog Posts","description":"We can’t go for that (no can do) lfair July 17, 2017 | 11:38AM We can’t go for that (no can do) By Lesley Fair Of course, phantom debt collection – the practice of pressuring people to pay “debts” they don’t owe – harms consumers. But as an FTC complaint demonstrates, when phantom debt collectors strike, they could affect your company, too. According to the FTC , a Florida-based outfit engaged in a scheme to defraud consumers through the collection of debts people didn’t actually owe or the company didn’t have the authority to collect. The complaint charges that the defendants – Hardco Holding Group, S & H Financial Group, Dequan M. Sicard, and Daryl M. Hall (no, not that Daryl Hall) – violated the FTC Act and Fair Debt Collection Practices Act. When contacting consumers, in many instances the defendants allegedly impersonated attorneys and threatened to have people thrown in jail if they didn’t pay up on delinquent payday loans – loans, remember, that many consumers didn’t take out in the first place and defendants didn’t have the right to collect. One tactic involved contacting people with a “case number” and directing them to dial a callback number. On the second call, the defendants allegedly said they were affiliated with named law firms and that the consumer had committed a felony, could go to prison, or faced arrest. According to the complaint , to boost the credibility of their threat of pending or imminent legal action, the defendants claimed to have the consumer’s Social Security number, bank account number, or contact information for family members. Afraid of legal repercussions, many consumers knuckled under to the demand for payment. The FTC says the defendants also told third parties that consumers owed money, a violation of the FDCPA. In addition, the complaint charges that the defendants didn’t disclose their identity to consumers, failed to provide proper validation notices, and used other false, misleading, and abusive tactics. Phantom debt collectors unquestionably injure consumers, but how could conduct like that affect your company? According to the lawsuit, when pressed to identify themselves, the defendants often gave the names or addresses of legitimate small businesses that had nothing to do with the purported debt or the debt collectors. When concerned consumers contacted those companies to complain, their employees got an understandably angry earful. From the FTC’s perspective, unrelated small businesses shouldn’t have their reputations sullied by others’ allegedly illegal tactics. A federal court in Orlando has temporarily halted the operation and frozen its assets. The FTC wants to stop the illegal practices once and for all. What can consumers do if they’re getting calls for debts they don’t owe ? File a complaint with the FTC. How can small businesses help protect their good names? Every now and then, do a selfie search with your company name and a word like “debt.” If you see consumer posts that suggest that a debt collector is illegally using your name – or if your employees are getting complaints about debt collection calls supposedly coming from your company – let the FTC know about it , too. In the meantime, businesses looking for FDCPA compliance resources can visit the FTC’s debt collection page for some – in the words of the other Daryl Hall (and let’s not forget John Oates) – “Adult Education.”","id":3200011},{"pubDate":"Mon, 05 Oct 2026 14:07:45 +0200","titre":"FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices","url":"https://www.ftc.gov/business-guidance/blog/2018/07/ftc-florida-ag-small-business-scrutinize-o-fishy-al-invoices","source":"FTC USA Business Blog Posts","id":3198177,"description":"FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices lfair July 30, 2018 | 11:05AM FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices By Lesley Fair If it looks like a duck and quacks like a duck, it’s probably a duck. But the same can’t be said for a mailer that looks like an official invoice. It could be an “o- fishy -al” offer that deceptively mimics the appearance of a government document. A case filed by the FTC and the Florida Attorney General challenges the practice of sending mailers that allegedly create the false impression that small businesses are required to buy labor regulation posters from the sender. Consider what defendants Starwood Consulting, also doing business as Corporate Compliance Services, and company president Thomas Henry Fred, Jr., sent to small businesses. The mailers – which include a Washington, D.C., 202 area code – are titled “LABOR LAW COMPLIANCE REQUEST FORM” and include the warning “Failure to comply with posting regulations can lead to fines up to $17,000.” The mailers include a “Business ID” and instruct recipients to respond by a certain date. Small businesses can’t miss the purported consequences of ignoring the letter: Your business is required by federal law to post a current compliant labor law poster in the workplace. Federal law requires that this poster be placed on the property of the business. Whether you have 1 employee or 1,000 you must post current employment posters in the workplace. The poster must also include information about workers compensation benefits. Pursuant to federal law 29 USC Sec. 999(i) & 29 USC Sec. 2005 penalties and risks of non-compliance with posting regulations can lead to potential fines of $17,000 per instance, for failing to post federally required information. Further, lawsuits can be tolled based on failing to display mandatory posters. . . . To obtain your Federal employment labor law poster, please detach the above coupon and return it in the enclosed envelope with your document processing fee of $84.00. The mailer continues: “IMPORTANT! FOLLOW INSTRUCTIONS EXACTLY WHEN COMPLETING THIS FORM.” Those instructions include directions to detach the “payment coupon,” return it with the “document fee” of $84, and keep the bottom portion as the “official receipt.” The enclosed return envelope is addressed to “Corporate Compliance Services, Compliance Processing Center.” That’s a description of the mailer, but here are the facts, according to the FTC and the AG. First, the mailer isn’t from a government entity or affiliate. Starwood Consulting and its d/b/a Corporate Compliance Services are private companies in the business of selling those posters. In addition, despite the 202 area code, the defendants have no operations in Washington and posters similar to the ones the defendants peddle are available for free from the U.S. Department of Labor. What about those statutory provisions referring to “potential fines of $17,000 per instance”? In fact, neither of those citations has anything to do with labor posters. 29 U.S.C. § 999(i) refers to repealed provisions of the Young Adult Conservation Corps and 29 U.S.C. § 2005 addresses the Employee Polygraph Protection Act. According to the complaint , recipients of the mailer are often small businesses that have recently incorporated or established limited liability companies. What’s more, some businesses say they never received the posters they paid for. Others report they got second notices that they had to pay another $84 fee to get an updated poster. Despite a small “disclaimer” at the bottom of the reverse side of the mailer that “[t]his offer serves as a solicitation and not to be intended as a bill due,” the FTC and the AG say that business owners were misled and filed more than 250 complaints about the company. (According to the Better Business"},{"pubDate":"Mon, 05 Oct 2026 08:07:08 +0200","url":"https://www.ftc.gov/business-guidance/blog/2017/08/stick-security-require-secure-passwords-authentication","titre":"Stick with Security: Require secure passwords and authentication","source":"FTC USA Business Blog Posts","id":3197409,"description":"Stick with Security: Require secure passwords and authentication lfair August 11, 2017 | 10:47AM Stick with Security: Require secure passwords and authentication By Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection To make it harder for hackers to bluff their way onto a computer network, careful companies follow the advice of Start with Security and require strong authentication practices . We’ve considered FTC settlements, closed investigations, and the questions we get from businesses about implementing good authentication “hygiene.” Here are some tips on using effective authentication procedures to help safeguard your network. Insist on long, complex, and unique passwords. A password’s very reason for being is to be easy for a user to remember, but hard for a fraudster to figure out. Obvious choices like ABCABC, 121212, or qwerty are the digital equivalent of a “hack me” sign. Furthermore, experts have determined that passphrases or longer passwords are generally harder to crack. The smarter strategy is for companies to think through their standards, implement minimum requirements, and educate users about how to create stronger passwords. Also, when you install software, applications, or hardware on your network, computers, or devices, change the default password immediately. And if you design products that require consumers to use a password, configure the initial set-up so they have to change the default password. Example: A staff member attempts to select payroll as the password for the database that includes employee payroll information. The company sets up its system to reject an obvious choice like that. Example: To access the corporate network, a business allows employees to type in their username and a shared password common to everyone who works there. Employees are also allowed to use that shared password to access other services on the system, some of which contain sensitive personal information. The more prudent policy would be to require strong, unique passwords for each employee and to insist that they use different passwords to access different applications. Example: At a staff meeting, a company’s IT manager offers tips for employees about good password hygiene. She explains that passphrases or longer passwords are better than short passwords based on standard dictionary words or well-known information (for example, a child’s name, a pet, a birthday, or a favorite sports team). By establishing a more secure corporate password standard and educating employees about implementing it, the IT manager is taking a step to help her company reduce the risk of unauthorized access. Store passwords securely. A company’s first line of defense against data thieves is a workforce trained to keep passwords secret. But even the strongest password is ineffective if an employee writes it on a sticky note on her desk or shares it with someone else. Train your staff not to disclose passwords in response to phone calls or emails, including ones that may appear to be coming from a colleague. Con artists have been known to impersonate corporate officials by spoofing phone numbers or email addresses. A compromised password poses a particular risk if it can be used to open the door to even more sensitive information – for example, a database of other user credentials maintained on the network in plain, readable text. Make it difficult for data thieves to turn a lucky password guess into a catastrophic breach of your company’s most sensitive data by implementing policies and procedures to store credentials securely. Example: A new employee gets a call from someone who claims to be the company’s system administrator. The caller asks him to verify his network password. Because the new staffer learned about impersonation scams at an in-house security orientation, he refuses to disclose his password and instead reports the incident to the appropriate person in the company. Example: A company keeps user credentials and other passwords in plain"},{"titre":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements","url":"https://www.ftc.gov/business-guidance/blog/2012/06/speaking-spokeo-part-2-companys-allegedly-bogus-endorsements","pubDate":"Sat, 03 Oct 2026 14:06:13 +0200","source":"FTC USA Business Blog Posts","description":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening.  But that’s not the only way the Spokeo settlement touches on social media.  The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant?  No, said the FTC.  According to the complaint , Spokeo directed its employees to write the comments.  Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo.  The purpose, says the FTC, was to give readers the misleading impression that the laudatory words had been posted by independent consumers or business users of Spokeo. The FTC’s revisions to its Endorsement Guides made headlines a few years ago.  Ironically enough, the provision that seemed to attract the most attention is one that didn’t change.  It’s the law — and it’s always been the law under Section 5 — that consumers have a right to know when there’s a material connection between an advertiser and an endorser.  Here’s how the Guides put it:  \"When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement ( i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed.\" According to the FTC, by posting comments that conveyed the untruthful impression that they came from satisfied users of Spokeo’s services, Spokeo engaged in false and misleading practices.  To settle the endorsement count in the lawsuit, Spokeo has agreed that it won’t misrepresent, expressly or by implication, the status of any user of a product or service — for example, that someone is an independent, ordinary endorser if that’s not the case.  The company also will clearly and prominently disclose any material connection between an endorser and Spokeo (or any other entity advertising, selling, or promoting a product) when a connection exists.  What about the bogus endorsements already posted?  Spokeo has seven days to take all reasonable steps to pull them down. Looking for more about complying with the Endorsement Guides?  Read The FTC’s Revised Endorsement Guides: What People are Asking and watch this video: While you’re at it, share this post and those resources with your marketing staff, your ad agency, your PR firm, and anyone else who plays a role in your publicity and promotions. Next:  What the Spokeo settlement means for your business, your next ad campaign, and your job search","id":3195787},{"description":"Practice Fusion case suggests 6 health privacy pointers lfair June 8, 2016 | 9:01AM Practice Fusion case suggests 6 health privacy pointers By Lesley Fair Combine two of the most talked-about consumer protection topics – health privacy and consumer-generated online content – and what do you get? A proposed FTC settlement with Practice Fusion, the largest cloud-based electronic health records company in the country, and six compliance tips for others in the industry. One of San Francisco-based Practice Fusion’s primary products is an electronic records system for outpatient providers. In 2009, the company launched “Patient Fusion,” an online portal where patients whose providers were already using Practice Fusion could view or download their health information or transmit it to another provider. Patient Fusion also let patients send and receive secure messages from their providers. Fast forward several years and the company decided to expand Patient Fusion to include a public directory where current and prospective enrollees could search for doctors geographically or by specialty, read patient reviews of providers, and request appointments. But Practice Fusion had to ask itself a question familiar to many online companies: How do we get the content – in this case, patient reviews? That’s the focus of the FTC’s lawsuit. According to the complaint , Practice Fusion solicited data in a misleading way that led some patients to believe they were sending follow-up messages directly to their doctors about their diagnosis, medical treatment, prescriptions, etc. – and not contributing content to a public website. Practice Fusion, however, populated its new site with the information those people provided, some of which was highly sensitive. Here’s what happened. After appointments with their doctors, patients received emails titled “How was your visit?” The message continued, “To help improve your service in the future, please let us know how your visit went” and included a link with rating stars. The message ended this way: Thank you, Dr. [Name] In a footer, the message said “This email was sent to you by Patient Fusion®, a tool Doctor [Name] uses to deliver the highest quality of care to patients.” Below that in smaller print it said “Sent on behalf of Doctor [Name]’s office by: Practice Fusion.” If patients clicked the link, they were taken to a page that asked for feedback about things like how long they had to wait for their appointment, the doctor’s bedside manner, and whether their medical concern was addressed. There also was a text box where patients were invited to “leave a review for your provider.” Below that was a pre-checked box with the phrase “Keep this review anonymous.” What did some people put in that box? Highly sensitive information directly addressed to their doctors, not evaluations meant to be shared publicly. Here are just a few examples: “Dr [name], My Xanax prescription that I received on Monday was for 1 tablet a day but usually it’s for 2 tablets a day. I have not taken it to the pharmacy yet. Can I pick up a new one, or can I get a prescription called into a pharmacy? Thanks, [patient’s full name] “I called today and left a message regarding my daughter and no one has returned my call. I think she is depressed and has stated several times this week that she wishes she was dead. Could someone please call me [phone number]?” “The cefuroxime axetil does not seem to be doing anything for me. I did a little research and I think I have a yeast infection called candida. Not sure what to do about it yet. I guess I will first try to change my diet. Medication? [patient’s full name] “I would like to make an appointment for my back pain and possible shingles. Can you please call me @ [phone number]? Thank you! [patient's full name]” “I HAVE NO INFECTION [healthcare provider name].  EVERYTHING WENT","id":3194910,"source":"FTC USA Business Blog Posts","titre":"Practice Fusion case suggests 6 health privacy pointers","url":"https://www.ftc.gov/business-guidance/blog/2016/06/practice-fusion-case-suggests-6-health-privacy-pointers","pubDate":"Sat, 03 Oct 2026 08:09:37 +0200"},{"description":"Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free wfg-adm109 November 19, 2014 | 11:12AM Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free By Lesley Fair We’ve brought law enforcement actions – dozens of ‘em. We’ve held workshops, issued reports, and sent warning letters. If it takes sky writing, tap dancing, and a float in a Thanksgiving Day parade, we’ll do that, too. But here’s what’s not going to happen. The FTC is not giving up until businesses get the message that: 1) Free means free; and 2) Key terms and conditions have to be clearly and conspicuously disclosed. A $22 million settlement announced by the FTC and the AGs of Illinois and Ohio with a national credit monitoring service advertising so-called “free” credit scores emphasizes that point. Another note for practitioners: It's the FTC's third case alleging violations of ROSCA . One Technologies and related outfits marketed their credit monitoring programs, MyCreditHealth and ScoreSense, through at least 50 sites, including FreeScore360.com, FreeScoreOnline.com and ScoreSense.com. Their strategy was simple. Buy advertising on search engines so their ads show up near the top when people look for phrases like “free credit report\" and then follow up with a persuasive pitch: “View your latest Credit Scores from All 3 Bureaus in 60 seconds for $0!” According to the lawsuit , the defendants failed to clearly tell consumers that if they availed themselves of those “free” services and didn’t cancel within seven days, the defendants would ding their credit cards for $29.95 a month over and over and over again. The complaint includes screen shots of the defendants’ sites, but before looking at them, take out your reading glasses because they’ll come in handy in trying to locate where the defendants chose to tell people about that $29.95 monthly fee. One line of fine print added in late 2012 said “Free 7-Day trial when you order your 3 Free Credit Scores. Membership is then just $29.95 per month until you call to cancel.” The first problem: The type was tiny – a fraction of the size of the defendants’ multiple use of the word “free.” The second problem: Why should consumers even have to be on the look-out for the cost, given that the defendants so prominently advertised it as “free”? A second purported disclosure appeared as an obscure hyperlink on the page where people typed in their Social Security number and birthdate.  Sandwiched between the logos of various security firms and a large color button that said CONTINUE was this less-than-crystal-clear statement: By clicking on the ‘Continue’ button, you agree to the Offer Details, to the Terms and Conditions, acknowledge receipt of our Privacy Policy and agree to its terms . . . The “Offer Details” link triggered a small pop-up that said, among other things, “At the end of the 7-day trial period, your credit/debit card will be charged $29.95 on a monthly basis until you call to cancel.” Another place the defendants put the information was on a side panel of the Payment Form in white letters on a grey background – a color combination one of the defendants’ own employees described as “known to cause seizures in lab rats.” According to the complaint, once people spotted the unauthorized charges on their accounts, the defendants didn’t make it easy to stop the billing.  And even when people asked for their money back because they hadn’t approved of the charges, the defendants denied refunds to many of them. The lawsuit alleges violations of the FTC Act, as well as the Illinois Consumer Fraud Act, the Ohio Consumer Sales Practices Act, and related state rules. In addition, the complaint is the third FTC action to charge violations of ROSCA, the Restore Online Shoppers’","id":3194913,"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2014/11/company-pay-22-million-offering-free-credit-scores-turned-out-be-not-so-free","titre":"Company to pay $22 million for offering \"free\" credit scores that turned out to be not so free","pubDate":"Sat, 03 Oct 2026 08:09:37 +0200"},{"source":"FTC USA Business Blog Posts","id":3192605,"description":"Pink slip slip-up: First FTC cases challenging deceptive car title loans lfair January 30, 2015 | 9:12AM Pink slip slip-up: First FTC cases challenging deceptive car title loans By Lesley Fair She’s got a competition clutch with four on the floor And she purrs like a kitten ‘til the lake pipes roar. And if that ain’t enough to make you flip your lid, There's one more thing. I got the pink slip, Daddy. Back in the days of the Beach Boys’ “Little Deuce Coupe,” the only risk to a car title – the pink slip – was when hot rodders bet them on drag races.The FTC just announced its first two settlements with car title lenders that underscore additional risks to consumers’ pink slips and wallets. What should other companies consider if they want to avoid crossing the yellow line? The complaints challenge allegedly illegal practices by First American Title Lending of Georgia, which operates over 30 locations in that state, and Finance Select, which does business as Fast Cash Title Pawn at five Georgia locations and two in Alabama. What’s a car title loan? It’s typically a high-cost, short-term loan secured with a consumer’s free-and-clear car title. The lender holds on to the title as long as payments keep coming in. Of course, if consumers don’t pay, the lender takes the car. Car title loans tend to run between $1,000 and $10,000. They have high interest rates – the typical APR can be a whopping 300% – and short repayment periods, sometimes only 30 days. Each payment after that first month is called a “renewal.” Given that many consumers who take out car title loans are in financial distress, it’s not surprising that loans may extend over a much longer period. According to the FTC, the average is more like eight renewals. In addition to holding the consumer’s car title, the lender charges monthly fees, sometimes as much as 25% of the amount borrowed per month. That means that after eight renewals, a consumer taking out a $1,000 loan could wind up paying $2,000 in fees. The FTC says the companies’ ads lured consumers in with promises of “zero” interest, but then failed to clearly and conspicuously disclose hidden conditions attached to those eye-catching deals. For example, First American Title Lending touted “0% interest” in big headlines on websites, billboards, newspaper ads, yard signs, and elsewhere. What consumers weren’t clearly told was that they’d only get the 0% rate if they were new customers, if they paid by money order or certified funds, and if they paid in full within 30 days. If it took them longer to pay – the norm in the industry – consumers would have to pony up hefty finance charges calculated back to Day 1 of that \"0% interest\" loan, as well as the fees that started on Day 31. According to the complaint, Fast Cash Title Pawn similarly advertised “0% Title Loans,” sometimes adding “1st 30 days 0%,” without clearly and conspicuously disclosing the substantial strings that were attached – including that if the consumer didn’t pay in full within 30 days, they’d have to pay the finance charge for the first 30 days in addition to charges that kicked in on Day 31.  The lawsuits allege that the companies’ practices violate the FTC Act.  The FTC says First American Title Lending also violated the Truth in Lending Act and Reg Z. Under the proposed settlements, the companies will have to clearly disclose all the qualifying terms associated with getting a loan at the advertised rate and what the finance charge would be after an introductory period ends. The orders also prohibit misrepresentations about material terms of any loan agreement. The FTC’s message to members of the industry is that they’re not flying (driving?) under the radar. Truth-in-advertising standards apply to car title loans, too. What's more, companies will be held to well-established principles of","pubDate":"Fri, 02 Oct 2026 08:12:17 +0200","titre":"Pink slip slip-up: First FTC cases challenging deceptive car title loans","url":"https://www.ftc.gov/business-guidance/blog/2015/01/pink-slip-slip-first-ftc-cases-challenging-deceptive-car-title-loans"},{"source":"FTC USA Business Blog Posts","id":3187485,"description":"FTC takes on unproven health claims and “own-dorsements” lfair March 19, 2020 | 4:38PM FTC takes on unproven health claims and “own-dorsements” By Lesley Fair It’s a disturbing trend. Companies are targeting older consumers, claiming to have easy answers for serious diseases for which there may not be a proven cure. That’s one allegation in the FTC’s action against Nevada-based telemarketer Health Center, Inc.   Another count challenges what we call “own-dorsements.” According to Health Center’s telemarketing scripts, websites, social media, and testimonials from supposedly satisfied customers, the company’s Rejuvi-Cell oral spray and Rejuvi-Sea and Rejuvi-Stem pills could treat a broad range of medical conditions: everything from cancer, Alzheimer’s disease, and Parkinson’s disease to hepatitis, heart attacks, and high cholesterol. In promoting the products, which sold in packages priced between $350 and $800, the company checked the buzzword boxes with science-y sounding terms like homeopathic , adult stem cell enhancement , and marine phytoplankton . The company claimed that diseases like diabetes, rheumatoid arthritis, and dementia “could be greatly reduced if not eliminated” through the use of its products. According to the complaint , Health Center’s telemarketers – who were instructed to follow the scripts word-for-word – told consumers the main ingredient of Rejuvi-Sea “alkalizes your body . . . so you can’t grow cancer cells.” Then there were heartfelt testimonials from purported customers who described themselves as “walking on air” and “amazed and redeemed,” thanks to the products. But the FTC says the company hasn’t conducted any studies demonstrating the products cure or treat any diseases or health conditions and there are no human clinical studies in the scientific literature to that effect. What’s more, the lawsuit alleges that some of those glowing endorsements that appeared to come from satisfied customers across the country were actually “own-dorsements” – testimonials from Health Center’s own employees. To settle the case , the defendants have agreed to injunctive provisions, including a requirement that a broad range of health claims must have the support of randomized, double-blind, and placebo-controlled human clinical testing. Almost all of the $8.6 million judgment will be suspended, based on their financial condition. Aside from the obvious points that the FTC continues to take a close look at cures targeting older consumers and that companies shouldn’t palm off endorsements from employees as independent opinions, the case illustrates two other important principles. First, the defendants’ unlawful practices were the subject of an earlier enforcement action by the Iowa Attorney General. Companies shouldn’t have to be told once of the need to substantiate their health claims – and they certainly shouldn’t have to be told twice. Second, the complaint includes a count for violating the Telemarketing Sales Rule , which prohibits misrepresentations about “any material aspect of the performance, efficacy, nature, or central characteristics of goods or services that are the subject of a sales offer.” That’s yet another reason to keep your telemarketing efforts above board .","pubDate":"Wed, 30 Sep 2026 14:10:25 +0200","titre":"FTC takes on unproven health claims and “own-dorsements”","url":"https://www.ftc.gov/business-guidance/blog/2020/03/ftc-takes-unproven-health-claims-own-dorsements"},{"pubDate":"Fri, 25 Sep 2026 08:10:48 +0200","titre":"FTC Seeks Public Comment on Whether to Update Rule on Impersonation of Government and Businesses to Address Platforms’ Role in Promoting Impersonation Scams","url":"https://www.ftc.gov/news-events/news/press-releases/2026/09/ftc-seeks-public-comment-whether-update-rule-impersonation-government-businesses-address-platforms","id":3176041,"description":"The Federal Trade Commission announced today that is considering whether to update its Rule on Impersonation of Government and Businesses or take other action to prevent online platforms from engaging in ad-optimization practices that may be furthering impersonation scams. In an Advance Notice of Proposed Rulemaking (ANPRM) to be published in the Federal Register , the FTC is seeking comment on the extent to which ad-optimization tools and services offered by social media, search engines and other digital marketplace platforms further efforts by scammers to impersonate legitimate businesses and government agencies using online ads.  “Free markets depend on trust, transparency and consumers’ ability to make informed choices. Impersonation scams—especially when amplified by digital platforms that profit from them—do more than rob Americans of their hard-earned money,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “They erode the very foundation that allows competitive markets to function. Today’s impersonation scams are no longer the work of isolated con artists; they are sophisticated, highly engineered operations powered by the same advertising and targeting tools that platforms sell to legitimate businesses. Consumers reported nearly $3.5 billion in losses to impersonation fraud last year, and the true cost is likely far higher. “The Commission’s mission has always been to safeguard the conditions under which competitive markets can thrive. Increasingly, consumers rely on a small number of dominant digital platforms for everyday transactions—from shopping, banking and travel bookings to accessing government services. Yet these platforms are the very places fraudsters seek out consumers, exploiting their trust while platforms profit from optimizing and disseminating scam ads. “Today’s advance notice of proposed rulemaking asks whether the Commission should require platforms to take concrete steps to prevent impersonation ads from ever reaching consumers. By exploring potential new obligations platforms would have to follow, the rulemaking aims to ensure that Americans participate in an online economy where truthful information guides consumer choice.”  Impersonation scams have topped the list of fraud complaints reported to the FTC by consumers in recent years. In 2025, the FTC received more than 1 million reports about imposter scams from consumers, who reported losing nearly $3.5 billion to such scams. In addition, online platforms play an important role in many scams. For example, nearly 30% of consumers who reported losing money to scammers in 2025 said they were first contacted on social media platforms, with reported losses reaching $2.1 billion. The ANPRM notes that impersonation scams have been amplified by search engines, social media and other digital marketplace platforms that profit from optimizing online ads for third parties, regardless of whether the third parties are legitimate. The ANPRM seeks comment on a wide range of topics related to the use of these ad-optimization tools and services and the proliferation of ads that impersonate businesses and government agencies including:  The financial incentives driving these platforms to offer ad-optimization tools and services, details on how each tool and service optimizes the content and delivery of the ad, and the steps platforms currently take to prevent the use of such tools and services for deceptive advertising The extent to which these platform ad-optimization tools and services constitute unfair or deceptive acts or practices by furthering impersonation scams Whether these unfair or deceptive acts or practices are prevalent in the marketplace and whether the Commission should address these acts or practices by amending the existing Impersonation Rule, proposing a new separate rule or implementing non-regulatory Measures Measures the Commission could consider in crafting any new regulations, including vetting","source":"Federal Trade Commission - Protecting America's Consumers"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/09/fleetcor-agrees-pay-100-million-resolve-administrative-action-after-federal-court-finds-it-violated","titre":"FleetCor Agrees to Pay $100 Million to Resolve Administrative Action After Federal Court Finds that It Violated the FTC Act by Charging Unauthorized Fees","pubDate":"Fri, 18 Sep 2026 08:08:58 +0200","description":"FleetCor and its CEO will pay $100 million to settle a Federal Trade Commission administrative action alleging that the company charged its customers, who overwhelmingly are small businesses, undisclosed fees in connection with their use of fuel cards that FleetCor falsely promised businesses would save them money. In a complaint first filed in federal court in 2019 , the FTC alleged that FleetCor Technologies Inc., now known as Corpay Inc., and its CEO Ronald Clarke imposed a broad array of unauthorized fees that its customers never knew about and did not agree to pay, totaling hundreds of millions of dollars and harming tens of thousands of customers.  In addition, FleetCor charged late fees to customers who had either paid on time or were prevented by FleetCor from paying on time. FleetCor also misrepresented the gas savings, fraud-control features, and fees associated with its fuel cards. “FleetCor deceived its small business customers by promising fuel savings that never materialized, while unfairly charging them hidden and unauthorized fees,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “In addition to the relief the FTC has obtained in federal court, this order will help return money to the customers the company took advantage of.” According to the complaint, FleetCor often waited to begin charging many fees until several billing cycles passed, making the fees less noticeable to consumers. The complaint also alleged that FleetCor’s invoices did not disclose that any fees were being charged, requiring customers to proactively view other account management reports. Even on those documents, many fees were obscured among other information or not listed at all. In 2023, a federal district court entered summary judgment for the FTC on all counts, finding that FleetCor had charged its customers hidden or otherwise unauthorized fees and misrepresented the gas savings and fees associated with FleetCor’s fuel cards. The court-imposed order permanently prohibits FleetCor from: billing a customer for any charge unless FleetCor has obtained the customer’s express informed consent and provided clear and unavoidable information about the charge; hiding material information about a charge behind a hyperlink; and making deceptive claims about its fuel cards. In 2026, a federal appeals court upheld the summary judgment against FleetCor on all counts and affirmed the permanent injunction against it.  The court affirmed the judgment against Clarke on all but one count and vacated the injunction as to Clarke.  As part of the settlement order with the FTC, FleetCor and Clarke will pay $100 million, which will be used to provide redress to the company’s business customers harmed by its practices. FleetCor and Clarke have also agreed not to oppose reimposition of a federal court injunction against Clarke.  The Commission vote to accept the consent agreement was 1-0-1. FTC Chairman Andrew N. Ferguson is recused. The FTC will publish a description of the consent agreement in the Federal Register soon. The agreement will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments will appear in the published notice. Once processed, comments will be posted on Regulations.gov. NOTE: When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to","id":3160549,"source":"Federal Trade Commission - Protecting America's Consumers"},{"description":"The often-blurred lines, as among legal information publishing, legal information technology, legal research tools and beyond, certainly give the impression that the only serious moving and shaking is that which focuses on artificial intelligence, though perhaps almost exclusively at the top end of the legal practice market . It would be safe to suggest, however, that even if law publishing activity is not as we have known it in the past, reports of its death may have been somewhat exaggerated . In recent times, my attention has been grabbed by online soliciting from UK law publishers, among them, for example, . . . [more] The post Meanwhile, Law Publishing Life Goes On appeared first on Slaw","id":3141654,"source":"Slaw","titre":"Meanwhile, Law Publishing Life Goes On","url":"https://www.slaw.ca/2026/09/08/meanwhile-law-publishing-life-goes-on/","pubDate":"Wed, 09 Sep 2026 07:57:12 +0200"},{"source":"Federal Trade Commission - Protecting America's Consumers","description":"Today, 22 states joined the Federal Trade Commission in filing suit against Amazon, alleging that the company engaged in deceptive and unfair practices that secretly inflated prices in its online search advertising auctions. The complaint   alleges that, for over seven years, Amazon has covertly and substantially increased the prices that more than one million brands and sellers were required to pay to advertise on its platform. As a result, the complaint alleges that Amazon’s scheme has likely extracted tens of billions of dollars from its unwitting advertising customers. “When one of the world’s largest online retailers engages in unfair and deceptive conduct, the impact can be staggering,” said Chairman Andrew N. Ferguson. “Amazon has millions of advertising customers who were misled into paying significantly higher prices. These higher costs were largely passed on to American consumers. The FTC under President Trump won’t allow this deception to continue.” The FTC, along with the attorneys general of Alaska, Arizona, California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Nebraska, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Vermont and Washington, allege Amazon has imposed undisclosed surcharges on its advertising customers, which include over 500,000 small- and medium-sized businesses that participated in auctions for advertising placements on Amazon.com and its mobile app. In these auctions, prospective advertisers bid to place Sponsored Product ads, Sponsored Brands ads and Display Ads alongside the results that appear when a consumer searches for a product using a keyword on Amazon’s store. Placements are auctioned to the highest-ranked bidder for each keyword. As described in the complaint, Amazon has represented to prospective advertisers for years that Amazon runs “second price” auctions where the winner of the auction would only pay “one cent more than the next highest bidder” for each successful bid for an advertising keyword. However, in practice, the complaint alleges that Amazon has charged its Sponsored Products advertisers their own winning bid close to 80% of the time and has effectively converted its nominally “second price” auction into a first price auction. According to the complaint, Amazon’s “second price” auctions have been described by Amazon, and understood by advertisers, to be run as generalized second-price, or GSP auctions, which have been the accepted industry standard for digital advertising placements. The complaint states that Amazon has made these or similar representations on its website, in training videos and in other public-facing materials, as well as in presentations made to advertisers by its hundreds of sales personnel.  The type of auction matters to advertisers because it impacts how they bid. In a sealed first-price auction—the type of auction where winners pay the amount of their winning bid—bidders run the risk that they might overbid. So, in repetitive auctions for the same goods, they will often reduce their bid to determine what the minimum amount needed to win future auctions might be. This is called bid shading. In second-price auctions, bidders are more likely to bid higher, closer to their true value for the product, because they will only be liable to pay the least bid amount needed to win under the auction’s rules.  As alleged in the complaint, Amazon told advertisers it ran a GSP, but for years its auction pricing had “a surcharge hidden in it,” in the words of one internal Amazon document. The complaint alleges that, beginning in 2019, Amazon changed its auction rules without notice by adding an undisclosed surcharge that Amazon referred to internally as a “soft reserve price.” This resulted in advertisers paying substantially more than the price determined by the GSP auction.  According to the complaint, Amazon","id":3127461,"titre":"FTC, States Sue Amazon Over Secret Ad Surcharge Scheme","url":"https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-states-sue-amazon-over-secret-ad-surcharge-scheme","pubDate":"Tue, 01 Sep 2026 08:10:10 +0200"},{"pubDate":"Fri, 28 Aug 2026 08:07:59 +0200","url":"https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-finalizes-orders-cox-media-group-two-other-firms-settling-charges-they-deceived-customers-about","titre":"FTC Finalizes Orders with Cox Media Group, Two Other Firms Settling Charges They Deceived Customers About “Active Listening” AI-Powered Marketing Service","id":3120376,"description":"The Federal Trade Commission finalized orders requiring Cox Media Group (CMG) and two other firms to pay a total of $930,000 to settle allegations they deceived customers by falsely claiming to offer an AI-powered service that could target localized ads based on conversations captured from consumers’ smart devices and that consumers had opted into such targeting. In three separate complaints first announced in May , the FTC alleged that Georgia-based media and marketing company CMG Media Corporation, which does business as  Cox Media Group , and two marketing firms it worked with, New Hampshire-based MindSift LLC  and Wisconsin-based  1010 Digital Works LLC ,  deceived customers by claiming they used a special algorithm to listen in on and detect pertinent conversations from smart devices in order to target ads to consumers within a specific geographic region. Contrary to these companies’ claims, however, the marketing service wasn’t based on voice data, and consumers hadn’t opted into this service. If the service had functioned as advertised, this collection and use of consumers’ voice data without adequate consent would itself violate the FTC Act. Under the proposed orders settling the FTC’s allegations,  CMG must pay $880,000 while both  MindSift and  1010 Digital Works  must each pay $25,000, which will be used to provide redress to CMG customers impacted by these practices. In addition, each defendant is prohibited from making any misrepresentation about the qualities or features of its advertising or marketing services; the collection and use of voice data and whether consumers have provided their consent to collect, use or disclose their voice data; and the geographic targeting capabilities of its advertising or marketing services. After receiving two comments on the proposed settlement orders, the Commission voted 2-0 to give final approval to the consent","source":"Federal Trade Commission - Protecting America's Consumers"},{"source":"BEREC Office","id":2898029,"description":"BEREC focuses on digital accessibility progress in a hybrid workshop yannick.stephan Thu, 21/05/2026 - 12:03 Latest News On 9 June 2026, from 9:30 to 14:50 CEST, BEREC will host an external workshop on accessibility at the IRG Secretariat in Brussels, Belgium. It is a hybrid event and participants may also attend online. The aim of the workshop is to assess what improvements have been made in practice recently, in the area of accessibility of electronic communications as the European Accessibility Act (EAA) marks its first anniversary. What's on the agenda? The programme is structured around four sessions with interconnected perspectives on the topic: The first session will focus on the end-users and examine real-world accessibility challenges, and practical solutions that support everyday digital participation. The following session will bring together regulatory authorities to explore how national approaches are shaping implementation, and how accessibility can move beyond compliance towards best practice. During the third session, industry will take the floor and will examine how market players are adapting services, developing technical solutions, and meeting implementation challenges under the new framework. The final session will shift focus to academia for its insights on the latest research, innovation, and the role of emerging technologies in advancing more inclusive digital services. Book your spot soon Participation is open to all, subject to registration . Please note that due to the limited capacity at the IRG Secretariat, in-person attendance is limited to 40 participants. Once this number is reached, online participation will be the only option. Note that for the on-site participants, sign language interpretation will be provided. The deadline for in-person registration is 2 June 2026, and online registration closes on 7 June 2026. Connection details will be sent to the registered participants before the event.","pubDate":"Thu, 21 May 2026 16:14:31 +0200","url":"https://www.berec.europa.eu/en/news/latest-news/berec-focuses-on-digital-accessibility-progress-in-a-hybrid-workshop","titre":"BEREC focuses on digital accessibility progress in a hybrid workshop"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/04/ftc-seeks-public-comment-unfair-deceptive-fee-practices-online-food-grocery-delivery-services","titre":"FTC Seeks Public Comment on Unfair and Deceptive Fee Practices in Online Food and Grocery Delivery Services","pubDate":"Wed, 15 Apr 2026 08:10:57 +0200","source":"Federal Trade Commission - Protecting America's Consumers","description":"The Federal Trade Commission today announced it is seeking public comment on whether a rule is needed to address unfair or deceptive fee practices in connection with the services provided by online food and grocery delivery platforms nationwide. As detailed in an Advance Notice of Proposed Rulemaking (ANPRM) to be published shortly in the Federal Register, the FTC is seeking written comments, including data, evidence, analyses, and arguments, to help determine how best to prevent unfair or deceptive acts or practices and to ensure that the agency addresses concerns from both consumers and industry. “Online grocery fees that are unclear, inconsistently disclosed, or revealed only at the last moment before consumers make a purchase distort competition and harm consumers,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “Clear and truthful pricing is essential to competitive markets. The Commission’s enforcement track record suggests that consumers continue to face a suite of fees that prevent them from making informed comparisons. The Trump-Vance FTC is committed to addressing unlawful grocery delivery pricing that obscures the true cost of groceries.” Unfair or deceptive fee practices violate the FTC Act. The Commission recently brought several actions against online food delivery platforms for unfair or deceptive practices that violated the FTC Act. For example, in December 2025, the FTC announced a $60 million settlement with  Instacart over allegations it falsely advertised “free delivery” on consumers’ first three orders on the platform and then charged them service fees that were not disclosed until checkout. And, in December 2024, the FTC obtained a $25 million settlement with  GrubHub over allegations it misled consumers about the cost of delivery on its platform. These cases illustrate that hidden and misleading fees and charges are a recurring problem related to online delivery platforms, despite enforcement actions to protect consumers’ interests. Also, while numerous states have recently adopted laws requiring food and grocery delivery platforms to more clearly disclose fees and include all mandatory fees in advertised prices, they have not adopted uniform rules that apply to all food delivery platforms across the country. The ANPRM asks the public to comment on whether a rule is needed to prevent unfair or deceptive fee practices in connection with online food delivery services including: Total Price. Do food delivery platforms clearly and conspicuously disclose the total price for food or grocery items ordered for local delivery or pickup? Fees and Charges. Do online food delivery platforms clearly and conspicuously disclose the existence, nature, purpose, refundability, or recipient of any fees, charges, or other costs for a delivery or pickup order? Variable or Contingent Fees . Do online food delivery platforms clearly and conspicuously disclose factors used to determine any fees, charges, or other costs that are variable or contingent on consumer selections, such as number or type of items bought or delivery location? Material Restrictions. Do online food delivery platforms clearly and conspicuously disclose whether fees, charges, or other costs are mandatory or optional, or any material restrictions, limitations, or restrictions that may result in additional charges or that may diminish the consumer’s use of the good or service? Price Differentials. Do online food delivery platforms clearly and conspicuously disclose whether the prices of items ordered are the same as, or different from, the prices of the same items offered in the store or restaurant? Personalized Pricing.  Do online food delivery platforms clearly and conspicuously disclose whether the prices of items ordered are the same as, or different from, the prices of the same items offered to other consumers on the platform? Discounts or Promotions. Do online food delivery platforms clearly and conspicuously disclose material","id":2826725},{"pubDate":"Fri, 10 Apr 2026 08:08:44 +0200","titre":"StubHub Refunding $10 Million in Fees to Consumers After Deceptive Ticket Pricing","url":"https://www.ftc.gov/news-events/news/press-releases/2026/04/stubhub-refunding-10-million-fees-consumers-after-deceptive-ticket-pricing","source":"Federal Trade Commission - Protecting America's Consumers","id":2818173,"description":"StubHub, the nation’s largest ticket exchange and resale ticket provider, will pay $10 million to settle Federal Trade Commission charges that the company violated the FTC Act and the agency’s Rule on Unfair or Deceptive Fees by deceptively advertising ticket prices on its website without clearly and conspicuously disclosing up-front how much consumers actually would pay, including all mandatory fees. “The Commission’s Fees Rule makes it very clear that the total price of live-event tickets must be disclosed up-front to enable consumers to make fully informed purchasing decisions,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “Price transparency is essential to a free and competitive marketplace. Today’s settlement underscores the Commission’s commitment to ensuring that consumers pay the price they are promised.” The FTC’s action against StubHub Holdings, Inc., follows a  warning letter the agency sent the online ticket platform in May 2025 stating that multiple prices displayed on its website appeared to be in violation of the Fees Rule. Under the Rule, which took effect on May 12, 2025 , it is an unfair and deceptive practice for any business to offer, display, or advertise the price of a live-event ticket without clearly, conspicuously, and most prominently disclosing the total price, which the Rule defines as “the maximum total of all fees or charges a consumer must pay for any good(s) or service(s) and any mandatory ancillary good or service.” Misrepresenting prices also violates the FTC Act. Today’s action also follows the Administration’s recent Executive Order on Ticketing , which includes a directive for the FTC to “take appropriate action . . . to ensure price transparency at all stages of the ticket-purchase process, including the secondary ticketing market.” According to the Commission’s complaint , in mid-May 2025—after the Rule went into effect—StubHub advertised its ticket prices without disclosing the full price consumers would actually pay by failing to include mandatory fees and to disclose the total price everywhere it displayed prices. Specifically, the FTC alleges StubHub failed to provide the total price for tickets—including high-demand National Football League tickets in the lead-up to when the NFL schedule was announced on May 14, 2025—in the first three pricing displays on its website. On the initial two pricing displays, in numerous instances, the advertised price did not include all mandatory fees, and StubHub did not disclose the total price. On the third pricing display, StubHub listed multiple fees and charges but did not disclose the total price. The proposed order settling StubHub’s alleged violations of the FTC Act and the Fees Rule requires the company to pay $10 million, which the company will use to provide monetary relief to eligible consumers through a settlement and consumer redress distribution program. The order also prohibits StubHub from misrepresenting the total price of any good or service; any fee or charge, including its nature, purpose, amount, or refundability, as well as why the fee or charge is being imposed; the final payment amount for any transaction; and any other material fact including those related to refunds or cancellations. The proposed order also prohibits StubHub from: Offering, displaying, or advertising any price of a good or service without clearly and conspicuously disclosing the total price; Failing to disclose the total price more prominently than any other pricing information; Failing to clearly and conspicuously disclose the amount of any fees or charges that have been excluded from the total price and what they are for, as well as the final payment amount—before the consumer agrees to pay for a product or service; and Violating the Commission’s Fees Rule. Within 90 days of the date of the order StubHub must provide redress to two groups of eligible"},{"description":"While the development of urban public transport (UPT) is considered a priority to promote the ecological transition, the Covid-19 health crisis has affected its operation. It results from constraints on supply, made necessary by travel restrictions and limitations on economic activity during periods of confinement. Existing literature has focused mainly on the use of different modes of transport, changes in mobility practices and the way governments managed the crisis. This article focuses instead on the effects of covid-19 on the supply and financing of UPT, and analyses whether this crisis has given rise to new dynamics in the mobility organising authorities (AOMs). Using data from 95 AOMs (i.e. 35% of all AOMs in 2019) and a survey of some 39 AOMs (14%), three main results are established. First, there is a big fall in fare revenue, whatever the category of AOM in France. However, due to the small proportion of UPT funding paid for by users, this decline is easily offset by a variation in the mobility tax (versement mobilité), government subsidies and an increase in the contribution from local authorities. Second, the AOMs seem confident about the funding for prospects, through an expected increase in UPT patronage and a stability, or even an expected dynamic, in the mobility tax in the future. As a result, the health crisis does not seem to have encouraged the AOMs to find new resources to finance the development of their UPT services in the medium-to-long term. Third, and finally, the health crisis has contributed to shift travel policy priorities in the AOMs, in particular when it comes to investment strategies, by raising the importance of developing the use of","id":2815881,"source":"Les Cahiers Scientifiques du Transport - Scientific Papers in Transportation - Dernières publications","url":"https://doi.org/10.46298/cst.13310","titre":"The Covid-19 crisis and the French urban public transport: What are the short-, medium- and long-term effects on provision and funding?","pubDate":"Thu, 09 Apr 2026 14:03:49 +0200"},{"id":2815882,"description":"Lane splitting is the practice of riding a powered two-wheelers between lanes when the traffic is slow or vehicles are stopped (Sperley et Pietz, 2010). Although lane splitting is not allowed everywhere in France, it is a common riding practice among motorcyclist drivers. As transport policy is a key driver for promoting sustainable and safe transport, a first experiment (2015-2018) was conducted in eleven departments where a secure form of lane splitting was allowed on highways and urban expressways (Eyssartier et al., 2018). A second experiment is conducted since 2021 in ten new departments with eight specific conditions regulating this practice. The aim of this article is to present the results of this second experiment by analyzing the social acceptability of this road safety policy. This involves studying acceptability and therefore identifying the factors impacting the general attitude towards the measure and the behavioral intention to comply with the rules, based on the Unified Theory of Acceptance and Use of Technology developed by Venkatesh et al. (2003). We performed multiple regressions on several dependent variables: general attitude toward the measure for car and motorcyclist drivers and intention to respect the rules for motorcyclist drivers. Overall, the results show that drivers have a positive general attitude to the rules, and that this attitude is more positive for motorcyclists than among car drivers. No differences were found between experimental departments and control departments. The results indicate that the expected effort factor, which refers to perceived ease, and the efficacy in terms of road sharing, are the most relevant to explain the intention to comply with the measure and the attitude toward the rule. Finally, results enable to define social acceptability and its influence on intention to comply with the rules in the context of public road safety","source":"Les Cahiers Scientifiques du Transport - Scientific Papers in Transportation - Dernières publications","pubDate":"Thu, 09 Apr 2026 14:03:49 +0200","url":"https://doi.org/10.46298/cst.12252","titre":"Lane splitting policy: Social acceptability of a road safety measure"},{"pubDate":"Wed, 18 Feb 2026 15:27:14 +0100","titre":"EDPB identifies challenges hindering the full implementation of the right to erasure","url":"https://www.edpb.europa.eu/news/news/2026/edpb-identifies-challenges-hindering-full-implementation-right-erasure_en","id":2703238,"description":"Brussels, 18 February - The European Data Protection Board (EDPB) has adopted a  report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) .  The  Board selected this topic  as it is one of the most frequently exercised GDPR rights and one about which DPAs frequently receive complaints from individuals. The main objectives of this coordinated action are to ensure that the right to erasure is effectively exercised by individuals in Europe and understand how controllers comply with this right in practice. In addition, the EDPB identified good practices and the most important related challenges, with the aim of providing further guidance on this topic.  Throughout 2025, 32 DPAs across Europe took part in this initiative. More specifically, 9 DPAs have initiated new formal investigations or have continued ongoing ones, and 23 DPAs carried out a fact-finding exercise. A total of 764 controllers across Europe responded to the action, ranging from small and medium-sized enterprises (SMEs) to big companies active in many different industries and fields, as well as various types of public entities. The results of these national actions have been aggregated and analysed together allowing for targeted follow-up on both national and EU level.   Areas of improvement and main challenges The report lists the issues that were identified, along with a series of recommendations addressed to controllers, to help them implement the right to erasure. Seven recurring main challenges were identified by DPAs. The results confirmed some of the findings of the 2024 coordinated action on the right of access , for example when it comes to the lack of appropriate internal procedures to handle requests, or the lack of sufficient information provided to individuals. In addition, participating DPAs reported specific findings related to the reliance by some controllers on inefficient anonymisation techniques to handle erasure requests as an alternative to deletion. DPAs also noted inconsistent practices, and the difficulties faced by controllers regarding the determination of retention periods and the deletion of personal data in the context of back-ups. In addition, as the right to erasure is not an absolute right, some controllers face difficulties in assessing and applying the conditions for the exercise of this right, including in carrying out the different balancing tests between the right to erasure and other rights and freedoms.   Follow-up to help organisations comply  Extensive guidance, documents and templates exist at national level to help controllers comply with the right of erasure and help individuals exercise this right. In line with the Helsinki Statement’s objectives of making GDPR compliance easier and ensuring consistent interpretation and enforcement across Europe, the extensive guidance and templates already available at national level will be leveraged at EDPB level where appropriate.   Background and next steps The CEF is a key action of the EDPB under its 2024-2027 Strategy , aimed at streamlining enforcement and cooperation among DPAs.  In 2023, the EDPB published the report on its first coordinated action on the  use of cloud-based services by the public sector . In 2024, the EDPB also published the report on the outcome of the second coordinated action on the  designation and position of Data Protection Officers . In 2025, the EDPB issued the report on its third coordination action on the  implementation of the right of access . The CEF 2026 action will be on the  obligations of transparency and information under the GDPR .   For further information: DA DPA:   EDPB vedtager rapport om dataansvarliges overholdelse af retten til sletning EL DPA: Ολοκλήρωση της συντονισμένης δράσης του","source":"EDPB News"},{"source":"Federal Trade Commission - Protecting America's Consumers","id":2582987,"description":"Today, the Federal Trade Commission announced that grocery delivery provider Instacart will pay $60 million in refunds to consumers to settle allegations that the company engaged in numerous unlawful tactics that harmed shoppers and raised the cost of grocery shopping for Americans. Instacart will be required to cease its deceptive practices under a proposed FTC order, and consumers who were charged for Instacart+ without their express informed consent will receive refunds as a result of the settlement. “Instacart misled consumers by advertising free delivery services—and then charging consumers to have groceries delivered—and failing to disclose to consumers that signed up for a free trial that they would be automatically enrolled into its subscription program,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The FTC is focused on monitoring online delivery services to ensure that competitors are transparently competing on price and delivery terms.” The FTC has alleged that Instacart engaged in a variety of deceptive tactics that misled consumers and caused them to pay more in fees, while depriving consumers of refunds. Specifically, the FTC alleges that Instacart: Falsely advertised “free delivery” to consumers on their first order Instacart’s claims of “free delivery” are false because consumers still must pay a mandatory “service fee” to get their groceries delivered. These mandatory service fees add as much as 15% to the order cost and were not clearly disclosed to consumers. Falsely advertised a “100% satisfaction guarantee,” implying that it will provide full refunds when consumers are not fully satisfied Consumers who experience late deliveries or unprofessional service typically are not offered full refunds and instead are given only a small credit that can be used toward a future order. Instacart hid the refund option from the “self-service” menu that consumers use to report problems with their orders, leading many consumers to erroneously believe they could receive only a credit toward a future order rather than a refund. Failed to clearly disclose terms relating to Instacart+ membership enrollment Instacart’s free-trial enrollment process for Instacart+ did not adequately disclose that consumers would be charged for memberships at the end of their trials, nor did it disclose Instacart’s restrictive refund policy. As a result, Instacart has charged many consumers for paid memberships without their express informed consent. Hundreds of thousands of consumers have been charged membership fees without receiving benefits from the membership or getting refunds. Under the terms of the FTC’s proposed settlement order , Instacart will be prohibited from making misrepresentations concerning the costs of delivery services and satisfaction guarantees. Instacart must also clearly and conspicuously disclose the terms and obtain express informed consent for transactions involving subscription models where consumers are automatically charged unless they actively opt out. The Commission vote approving the stipulated final order was 2-0. The FTC filed the proposed order in the U.S. District Court for the Northern District of California. NOTE:  Stipulated final orders have the force of law when approved and signed by the District Court","pubDate":"Fri, 19 Dec 2025 09:48:21 +0100","url":"https://www.ftc.gov/news-events/news/press-releases/2025/12/instacart-pay-60-million-consumer-refunds-settle-ftc-lawsuit-over-allegations-it-engaged-deceptive","titre":"Instacart to Pay $60 Million in Consumer Refunds to Settle FTC Lawsuit Over Allegations it Engaged in Deceptive Tactics"},{"id":2577895,"description":"The Federal Trade Commission is taking action against Illusory Systems Inc. for failing to implement adequate data security measures, leading to a major security breach in which hackers stole $186 million from consumers. Under a proposed order settling the FTC’s allegations, Utah-based Illusory, which does business as Nomad, will be required to implement an information security program to address numerous alleged security failures and to return recovered money to affected consumers. “The FTC Act requires companies to take reasonable security measures,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “It’s important that companies live up to their security promises to consumers.” In its complaint , the FTC alleged that Nomad prominently touted its security in its advertising, claiming that it offered “security-first” services. The FTC, however, alleged that the company failed to live up to these promises by failing to: use secure coding practices; implement processes for receiving and addressing vulnerability reports and responding to security incidents; and utilize widely known technologies that might have helped mitigate consumer losses. According to the complaint, in June 2022, Nomad introduced inadequately tested code that included a significant vulnerability. Just over a month later, hackers began exploiting the vulnerability. The FTC alleged that Nomad failed to respond to the attack in time because of its inadequate security and incident response measures, which led to the loss of $186 million. The company was able to recover some money, but consumers lost approximately $100 million. Nomad was warned about the dangers of inadequate testing as well as the need to ensure it had adequate staff and security in place. The company, however, failed to implement basic safety measures that would mitigate consumer losses, the FTC alleged. Under the proposed order , Nomad will be prohibited from making misrepresentations about its security practices. In addition, the company will also be required to: Implement a comprehensive information security program that is designed to protect consumers from theft or other unauthorized access and address the security issues outlined in the FTC’s complaint; Obtain biennial assessments of its information security program by an independent third party and cooperate with the third-party assessor; and Return to consumers money recovered following the security breach that was not already returned to customers. The Commission voted 2-0 to accept the proposed complaint and order for public comment. The FTC will publish a description of the consent agreement package in the Federal Register soon. The agreement will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments will appear in the published notice. Once processed, comments will be posted on Regulations.gov. NOTE:  The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $51,744. The lead staff attorneys on this matter are M. Hasan Aijaz and Julia Horwitz with the FTC’s Bureau of Consumer","source":"Federal Trade Commission - Protecting America's Consumers","pubDate":"Wed, 17 Dec 2025 09:50:37 +0100","titre":"FTC Will Require Illusory Systems to Return Money Stolen by Hackers and Implement an Information Security Program","url":"https://www.ftc.gov/news-events/news/press-releases/2025/12/ftc-will-require-illusory-systems-return-money-stolen-hackers-implement-information-security-program"},{"pubDate":"Thu, 09 Oct 2025 15:53:21 +0200","url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en","titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints","source":"EDPB News","id":2425502,"description":"Brussels, 09 October - The European Data Protection Board (EDPB) and the European Commission endorsed joint guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR) . These are the first joint guidelines by the Board and the European Commission. In line with its 2024-2027 Strategy and the recent Helsinki Statement’s objectives to make GDPR compliance easier and strengthen consistency, the EDPB has cooperated with the European Commission, each within their respective mandates, to facilitate the coherent application of the DMA*and GDPR and to increase legal certainty for gatekeepers, business users, beneficiaries and individuals. EDPB Chair Anu Talus said:   “These joint guidelines are the result of a fruitful cooperation between the EDPB and the European Commission. This is the first time that the EDPB and the European Commission prepare guidelines jointly. This approach maximises usefulness of the guidance by simplifying compliance for businesses and bringing enhanced legal certainty to them.  The guidelines will help gatekeepers, business users and individuals to better understand their obligations and rights under the DMA, and ensure a consistent, effective and complementary application of the DMA and EU data protection law.” How the DMA and the GDPR interact The DMA and the GDPR both protect individuals in the digital landscape , but their goals are complementary as they address interconnected challenges: individual rights and privacy in case of the GDPR and fairness and contestability of digital markets under the DMA.    Several activities regulated by the DMA entail the processing of personal data by gatekeepers and, in several provisions, the DMA explicitly refers to definitions and concepts included in the GDPR. The joint guidelines clarify how gatekeepers can implement these DMA provisions in accordance with EU data protection law . For example, the EDPB and the Commission specify which elements gatekeepers should consider in order to comply with the requirements of specific choice and valid consent under Art. 5(2) DMA and the GDPR, and thus to lawfully combine or cross-use personal data in core platform services. The EDPB and the Commission also address other provisions including those related to the distribution of third party apps and stores, data portability, data access requests and interoperability of messaging services.   Next steps The Board and the Commission have just launched a joint public consultation on the first version of the guidelines which will be open until 4 December 2025 .  This will be an opportunity for stakeholders to comment and provide feedback. All submissions will be published on the DMA website to which a link will be included on the EDPB website, after the consultation period has closed. The final text, incorporating input received during the consultation, will be prepared jointly by the Board and the Commission, and will be adopted by the EDPB and European Commission.   More guidelines on the way Following these first joint guidelines with the Commission, further work is underway to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working with the Commission, specifically with the AI Office, on joint guidelines on the interplay between the AI Act and EU data protection laws. Note to editors: The Digital Markets Act is one of the first regulatory tools that aims to tackle unfair practices of gatekeepers in digital markets. Gatekeepers are large digital platforms providing core platform services, such as online search engines, app stores, and messenger services. The main objective of the DMA is to make the markets in the digital sector fairer and more contestable. "},{"pubDate":"Tue, 10 Jun 2025 09:51:20 +0200","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-eu900-000_en","titre":"The French SA fines SOLOCAL €900 000","source":"EDPB News","id":2170441,"description":"Background information Date of final decision: 15 May 2025 National case Controller:  SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months Key words: administrative fine, consent,  unsolicited communication   Summary of the Decision Origin of the case   As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chain, the primary collectors, who are responsible for collecting prospect data). SOLOCAL MARKETING SERVICES used this data to operate commercial prospecting by SMS or e-mail to individuals concerned, on behalf of its advertiser customer. It may also pass on some of this data to its customers, so that they can carry out their own commercial prospecting by telephone or post. Key Findings  Failure to comply with the obligation to obtain the consent of individuals to receive commercial prospecting by electronic means (Article L.34-5 of the French Post and Electronic Communications Code): The restricted committee considered that the misleading appearance of the forms used by data brokers made it impossible to obtain free and unambiguous consent, in compliance with the requirements of the GDPR, which would have formed the basis for the prospecting operations carried out by the company. Failure to demonstrate that the data subject has consented to processing of his or her personal data (Article 7 of the GDPR): The company failed to provide the French SA with proof of consent from individuals whose data has been transferred to it by one of its main suppliers. As a result, the French SA was unable to examine the collection forms used by this supplier and, therefore, the validity of the consent of the data subjects.   Decision  Based on the findings of the inspection, the restricted committee – the French SA body responsible for issuing sanctions – considered that the company had failed to comply with obligations under the French Post and Electronic Communications Code (CPCE) and the General Data Protection Regulation (GDPR) regarding the collection and proof of consent.  It imposed on SOLOCAL MARKETING SERVICES:  a €900 000 fine which was made public; and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months.  The amount of this fine takes into account the very large number of people concerned (several million), the company's historical position on the market, the financial benefit derived from the breaches, and the measures taken by the company to comply with some of its obligations since the checks were carried out. For further information:  •  Courtiers en données : sanction de 900 000 euros à l’encontre de la société SOLOCAL MARKETING SERVICES (French) •  Data brokers: SOLOCAL MARKETING SERVICES fined €900,000  (English)"},{"pubDate":"Wed, 21 May 2025 15:52:14 +0200","titre":"The French SA fines SOLOCAL 900 000 €","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-900-000-eu_en","source":"EDPB News","id":2130472,"description":"Background information Date of final decision: 15 May 2025 National case Controller:  SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months Key words: administrative fine, consent,  unsolicited communication   Summary of the Decision Origin of the case   As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chain, the primary collectors, who are responsible for collecting prospect data). SOLOCAL MARKETING SERVICES used this data to operate commercial prospecting by SMS or e-mail to individuals concerned, on behalf of its advertiser customer. It may also pass on some of this data to its customers, so that they can carry out their own commercial prospecting by telephone or post. Key Findings  Failure to comply with the obligation to obtain the consent of individuals to receive commercial prospecting by electronic means (Article L.34-5 of the French Post and Electronic Communications Code): The restricted committee considered that the misleading appearance of the forms used by data brokers made it impossible to obtain free and unambiguous consent, in compliance with the requirements of the GDPR, which would have formed the basis for the prospecting operations carried out by the company. Failure to demonstrate that the data subject has consented to processing of his or her personal data (Article 7 of the GDPR): The company failed to provide the French SA with proof of consent from individuals whose data has been transferred to it by one of its main suppliers. As a result, the French SA was unable to examine the collection forms used by this supplier and, therefore, the validity of the consent of the data subjects.   Decision  Based on the findings of the inspection, the restricted committee – the French SA body responsible for issuing sanctions – considered that the company had failed to comply with obligations under the French Post and Electronic Communications Code (CPCE) and the General Data Protection Regulation (GDPR) regarding the collection and proof of consent.  It imposed on SOLOCAL MARKETING SERVICES:  a 900 000 € fine which was made public; and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months.  The amount of this fine takes into account the very large number of people concerned (several million), the company's historical position on the market, the financial benefit derived from the breaches, and the measures taken by the company to comply with some of its obligations since the checks were carried out. For further information:  •   Courtiers en données : sanction de 900 000 euros à l’encontre de la société SOLOCAL MARKETING SERVICES (French) •   Data brokers: SOLOCAL MARKETING SERVICES fined €900,000  (English)"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-surveillance-pricing-study-indicates-wide-range-personal-data-used-set-individualized-consumer","titre":"FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices","pubDate":"Thu, 10 Apr 2025 09:51:48 +0200","source":"Federal Trade Commission Concurrence communiqués","description":"The Federal Trade Commission’s initial findings from its surveillance pricing market study revealed that details like a person’s precise location or browser history can be frequently used to target individual consumers with different prices for the same goods and services. The staff perspective is based on an examination of documents obtained by FTC staff’s 6(b) orders sent to  several companies in July aiming to better understand the shadowy market that third-party intermediaries use to set individualized prices for products and services based on consumers’ characteristics and behaviors, like location, demographics, browsing patterns and shopping history. Staff found that consumer behaviors ranging from mouse movements on a webpage to the type of products that consumers leave unpurchased in an online shopping cart can be tracked and used by retailers to tailor consumer pricing. “Initial staff findings show that retailers frequently use people’s personal information to set targeted, tailored prices for goods and services—from a person's location and demographics, down to their mouse movements on a webpage,” said FTC Chair Lina M. Khan. “The FTC should continue to investigate surveillance pricing practices because Americans deserve to know how their private data is being used to set the prices they pay and whether firms are charging different people different prices for the same good or service.” The FTC’s study of the 6(b) documents is still ongoing. The staff perspective is based on an initial analysis of documents provided by Mastercard, Accenture, PROS, Bloomreach, Revionics and McKinsey & Co. Image The FTC’s 6(b) study focuses on intermediary firms, which are the middlemen hired by retailers that can algorithmically tweak and target their prices. Instead of a price or promotion being a static feature of a product, the same product could have a different price or promotion based on a variety of inputs—including consumer-related data and their behaviors and preferences, the location, time, and channels by which a consumer buys the product, according to the perspective. The agency will only release information obtained from a 6(b) study as long as all data has been aggregated or anonymized to protect confidential trade secrets from company respondents, and therefore the staff perspective only includes hypothetical examples of surveillance pricing.  The staff perspective found that some 6(b) respondents can determine individualized and different pricing and discounts based on granular consumer data, like a cosmetics company targeting promotions to specific skin types and skin tones. The perspective also found that the intermediaries the FTC examined can show higher priced products based on consumers’ search and purchase activity. As one hypothetical outlined, a consumer who is profiled as a new parent may intentionally be shown higher priced baby thermometers on the first page of their search results. The FTC staff found that the intermediaries worked with at least 250 clients that sell goods or services ranging from grocery stores to apparel retailers. The FTC found that widespread adoption of this practice may fundamentally upend how consumers buy products and how companies compete. As the FTC continues its work in this area, it is issuing a request for information   today seeking public comment on consumers’ experiences with surveillance pricing. The RFI also asks for comments from businesses about whether surveillance pricing tools can lead to competitors gaining an unfair advantage, and whether gig workers or employees have been impacted by the use of surveillance pricing to determine their compensation. Comments are due by April 17. The Commission voted 3-2 to allow staff to issue the report. Commissioners Andrew Ferguson and Melissa Holyoak issued a dissenting statement related to the release of the initial research summaries. The FTC has additional resources on the interim","id":2044739},{"description":"Federal Trade Commission Chairman Andrew N. Ferguson has appointed Daniel Guarnera as Director of the Bureau of Competition. “I am thrilled Dan is joining the FTC as Director of the Bureau of Competition,” said Chairman Ferguson. “He has tremendous experience litigating antitrust cases in critical markets, including agriculture and Big Tech. Few lawyers in America have as much experience taking on Big Tech as Dan. He also has experience using the antitrust laws to promote competition in labor and healthcare markets—two of my top priorities. Under Dan’s leadership, the Bureau of Competition will do its part to fulfill President Trump’s promise to lower the cost of living for all Americans, to promote innovation, and to protect the interests of American workers.” Guarnera joins the Commission from the U.S. Department of Justice Antitrust Division, where he served as chief of the Civil Conduct Task Force. During his tenure, the task force filed monopolization suits against Google and Apple, as well as multiple cases involving agriculture and labor markets. Prior to his role as chief, Guarnera participated in conduct and merger matters in industries such as transportation, healthcare, and technology, including as a trial attorney and counsel to the Assistant Attorney General of the Antitrust Division during the first Trump Administration. He previously served as special counsel to U.S. Senate Judiciary Committee Chairman Charles Grassley during the confirmation of President Trump’s Supreme Court appointee, Justice Neil Gorsuch. He also worked in private practice and clerked for the Honorable Diane S. Sykes of the U.S. Court of Appeals for the Seventh Circuit. Guarnera earned bachelor’s degrees in political science and French-European studies from American University and earned law and business administration degrees from the University of Virginia. The Commission vote approving Guarnera’s appointment as Director of the Bureau of Competition was","id":1905770,"source":"Federal Trade Commission Concurrence communiqués","titre":"FTC Chairman Ferguson Appoints Daniel Guarnera as Director of Bureau of Competition","url":"https://www.ftc.gov/news-events/news/press-releases/2025/02/ftc-chairman-ferguson-appoints-daniel-guarnera-director-bureau-competition","pubDate":"Tue, 11 Feb 2025 09:45:58 +0100"},{"pubDate":"Wed, 31 May 2023 16:39:34 +0200","titre":"Get inspired by social entrepreneurship practices in European rural areas","url":"https://rural-vision.europa.eu/news/news/get-inspired-social-entrepreneurship-practices-european-rural-areas-2023-05-31_en","id":724524,"description":"On 11 May 2023, the Rural Pact Support Office hosted its first Good Practice webinar entitled “Fostering social entrepreneurship in rural areas through local action”. We are excited to announce that all the presentations and video recordings from this event have been uploaded to the event","source":"DG Agri Rural Vision News"}]