[{"url":"https://www.ftc.gov/business-guidance/blog/2019/03/nixing-fix-warranties-mag-moss-restrictions-repairs","source":"FTC USA Business Blog Posts","pubDate":"Tue, 06 Oct 2026 08:06:23 +0200","id":3199073,"titre":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs","description":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs lfair March 18, 2019 | 10:24AM Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs By Lesley Fair First, the bad news: That nifty purchase needs a repair. Now the good news for consumers: It’s still under warranty. But where can they go to get it fixed? Can the manufacturer restrict a consumer’s ability to go to the independent repair shop of their choice? Can the manufacturer use glue, non-standard screws, and proprietary diagnostic software that make it difficult for independent repair shops to fix things? Do limitations like these affect consumers’ rights under the Magnuson-Moss Warranty Act ? That’s the topic of Nixing the Fix: A Workshop on Repair Restrictions , an FTC event scheduled for July 16, 2019 . Enforced by the FTC, the Magnuson-Moss Warranty Act helps consumers make informed buying decisions and gives them access to remedies if the widget starts to fidget during the warranty period. One key consumer protection under Mag-Moss is that the law prohibits manufacturers from conditioning warranty coverage on the use of particular products or services. Here are some of the questions FTC staff intends to ask at Nixing the Fix : What’s the interplay between repair restrictions and the Magnuson-Moss Warranty Act’s anti-tying provision, which establishes that manufacturers can’t condition coverage on the use of parts or services identified by brand, trade, or corporate name? Do repair restrictions affect the market for extended warranties and service agreements? What types of restrictions are consumers running into when they try to get their stuff repaired? Are manufacturers’ restrictions having an impact on small fix-it businesses? Are manufacturers using software that may render products obsolete or unfixable if consumers engage in DIY or go to a local repair shop? Are repair restrictions necessary to reduce the risk of physical injury or to protect manufacturers from liability for products improperly repaired by others? Do consumers understand the effects of repair restrictions? We’re also looking for empirical research and data about the prevalence and impact of manufacturers’ repair restrictions. For example, what can you tell us about code that disables products that have been repaired by someone other than the manufacturer, product designs that make third-party repairs difficult (like attaching batteries with glue only the manufacturer can remove), contractual post-sale or licensing restrictions, or proprietary diagnostic software and replacement parts? Please send us your research and data by April 30, 2019. Do you have suggestions about possible panelists? Email us at nixingthefix@ftc.gov . Nixing the Fix will take place on July 16th at the FTC’s Constitution Center conference facility, 400 7th Street, S.W., in Washington, DC. It’s free and open to the public. You can file public comments online and we’ll keep the record open until September 16, 2019. Follow the Business Blog for more information about the agenda and for watch-the-webcast instructions."},{"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)","titre":"The French SA fines SOLOCAL €900 000","id":2170441,"pubDate":"Tue, 10 Jun 2025 09:51:20 +0200","source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-eu900-000_en"},{"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-900-000-eu_en","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)","titre":"The French SA fines SOLOCAL 900 000 €","pubDate":"Wed, 21 May 2025 15:52:14 +0200","id":2130472}]