Consumer Law

Marketing Email or Service Message? UK ICO Fines Co. for Unsolicited Marketing

The UK Information Commissioner’s Office (ICO) has recently fined telecoms company EE Limited £100,000 for sending millions of unsolicited marketing messages to customers. While the ICO’s recent announcement of its intention to fine BA and Marriott record breaking amounts for breaches of the GDPR has grabbed the headlines, it is important for businesses not to lose sight


Final Canadian Privacy Breach Regulations Include Mandatory Notification Rules

On April 18, 2018, the final regulations relating to the mandatory reporting of privacy breaches under Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) were published. These regulations, which include fines of up to CAD$100,000 for non-compliance, will come into force on November 1, 2018. Until now, and with the exception of the province


“Doing Business And Investing In Australia” Guide Now Available

Russell Kennedy Lawyers, the Ally Law member firm located in Melbourne and Canberra, Australia, has published its Doing Business and Investing in Australia Guide providing a general overview of the key legal issues of which foreign organizations should be aware when seeking to do business in or invest in Australia. Topics covered include an overview on


Social Media Sales And Litigation Risks

Social media provides a flexible platform for companies and sellers to constantly connect with consumers and has revolutionized the direct selling industry around the globe. The goals in employing social media for direct selling are: to remain relevant, to convert passive responses into active engagement, and to drive brand recognition and loyalty. However, there are legal


Are You Inadvertently Publishing Written Warranties For Your Products?

The United States Magnuson-Moss Warranty Act (MMWA) mandates that, among other things, manufacturers and sellers of consumer products provide consumers with detailed warranty coverage information. Often, original equipment manufacturers (OEMs) and automotive dealers must comply with the MMWA. The MMWA broadly defines “written warranties” as (1) “any written affirmation of fact or written promise made” by


U.K.: Can You Airbnb?

The rise of the “sharing economy” has led to the enormous success of companies like Airbnb, Under The Doormat, and VRBO which facilitate people letting their homes or spare rooms on a short-term basis. PWC reports that the sector will grow from £15bn in 2013 to £335bn by 2025. The legal position in relation to


Lemon Laws And Autonomous Vehicles

In the United States, ‘lemon laws’ have existed for several decades to protect consumers from permanently defective vehicles. Lemon laws generally require manufacturers to replace or reimburse consumers for vehicles that have proven defective under defined criteria, which may vary from state to state. Autonomous vehicles present a unique scenario regarding the applicability of lemon


Penalties Versus Late Payment Fees Under Australian Law

A recent decision by the High Court of Australia settles the question of whether contractual late payment fees constitute impermissible penalties. In allowing the fees in question, the High Court reaffirmed the freedom of contract and held that courts should refrain from interfering in contracts unless the fee in question is out of all proportion


Negative Online Business Reviews – What To Do?

Reputation is identified as the single most important strategic risk for business. It is axiomatic that today’s businesses seek positive consumer online reviews of their buying experience. The increasing significance of online ratings is reflected by the vast number of companies now marketing their ability to generate positive online search results and reviews. Receiving even


Class Action Litigation: Deploying Around The World

The United States leads the world in the number of and costs / awards resulting from class action litigation, which allows claimants to combine their relatively small or non-monetized claims against one or more defendants across jurisdictions. While federal and state bodies in the United States strive at various times to limit the scope of


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