Law and Privacy Case Study example

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Law and Privacy Case Study

Section 5 of the FTC Act prohibits deceptive trade practices (Pagnattaro, Cahoy, Magid, Reed, & Shedd, 2016, 18-9) To determine what is deceptive FTC uses several criteria, among which misimpressions about a product as a result of what is said and not said in the advertisement. The statement that electronic device will eliminate all mosquito problems within a one-half acre area is a key to consumer’s decision to buy a product, but in fact, this information is not full and misses important details which are intentionally not mentioned by the advertisement. FTC administers several consumer protection laws, among which the Fair Packaging and Labelling Act. It prohibits deceptive labeling of products and requires disclosure of certain important information. In the case of the advert from Mosquito No Company, the information which directly concerns the effectiveness of the new electronic mosquito device was not revealed to the consumers. It violates Fair Packaging and Labelling Act. (Pagnattaro, et. al, 2016, 18-6)

Privacy is protected by several amendments of the Bill of Rights. One of the Common law privacy torts prevents from invading another’s private affairs and is called intrusion on seclusion (Pagnattaro, et. al, 2016, 18-11). One of the components of intrusion is that it is highly offensive to the reasonable person. According to that, BigCo will not be liable under the Electronic Communications Privacy Act because collecting records of the phone calls made on BigCo’s land-line phones does not imply collecting personal information. Employees of the company do not use company’s phones for sharing private information which disclosure can offend them. Electronic Communications Privacy Act prevents the interception by unauthorized people which is not BigCo in given case as the company owns its phone lines. The ECPA allows for the interception of business communications on an employer’s equipment (Pagnattaro, et. al, 2016, 18-11).



Pagnattaro, M., Cahoy, D., Magid, J., Reed, O. & Shedd, P. (2016). The legal and regulatory environment of business. New York, NY: McGraw-Hill …

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