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Consumer Protection

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In Privacy

United States: Plaintiffs win a round in Video Privacy Protection Act bout before Second Circuit – Salazar vs. National Basketball Association

by , , , and 4 Mins Read

In brief The recent surge in cases under the Video Privacy Protection Act (VPPA) underscores its critical role in addressing consumer privacy concerns in the digital age. The 1988 Act prohibits a “video tape service provider”, with certain exceptions, from the disclosure of video rental or purchase records containing personally identifiable information of any “consumer”. The Second Circuit has recently held in Salazar v. National Basketball Association, that the federal statute is “no dinosaur” and…

In Consumer Protection

European Union: The CJEU confirms that a price reduction must be calculated based on the lowest price in the last 30 days

by , and 3 Mins Read

In brief The Court of Justice of the European Union (CJEU) has held that Article 6a(1) and (2) of Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (“Directive 98/6”) must be interpreted as meaning that a price reduction of a product announced by a trader in the form of a percentage, or in the form…

In Consumer Protection

Australia: Illusory Discount Pricing; ACCC files proceedings against Woolworths and Coles

by and 3 Mins Read

The Australian Competition and Consumer Commission (ACCC) has sent a shot across the bows of retailers using discount pricing claims on long-term prices that remain the same for many months. In brief The ACCC commenced Federal Court proceedings on 23 September against Coles and Woolworths alleging that the two major supermarket have misled consumers by using their “Down Down” and “Prices Dropped” pricing claims in cases where the prices were actually higher than, or the…

In Consumer Rights

Vietnam: New Law on Protection of Consumers’ Rights, new obligations for digital services providers

by and 10 Mins Read

In brief On 20 June 2023, the National Assembly (NA) passed the Law on Protection of Consumers’ Rights (amended) (“New LPCR”), with an effective date of 1 July 2024, superseding the current Law on the Protection of Consumers’ Rights No. 59/2010/QH12 (“LPCR 2010”). The New LPCR includes seven Chapters and 80 articles under which many proposed critical changes have been officially adopted. This law also addresses various issues that will have direct impacts on onshore and…

In FTC

United States: FTC puts companies on notice that failure to provide support for their product claims could result in civil penalties

by , , and 3 Mins Read

In brief On 13 April 2023, the Federal Trade Commission (FTC) issued a letter containing a Notice of Penalty Offenses Concerning Substantiation of Product Claims to approximately 670 advertisers, putting each company on notice that deceiving consumers with advertisements that make unsubstantiated product claims could subject the company to civil penalties of up to USD 50,120 per violation under 15 U.S.C. § 45(m)(1)(B). The FTC noted that, while the initial distribution of the Notice was specific to those making…