Consumer Protection

In June 2025, the Court of Justice of the European Union (CJEU) delivered important rulings clarifying the application of the EU Unfair Contract Terms Directive (UCTD), which protects consumers from unfair standard contract terms that have not been individually negotiated. The UCTD ensures such terms are transparent, clear, and balanced; unfair terms are not binding on consumers and may expose businesses to enforcement actions.

This blog post highlights four significant cases decided in June 2025. These cases involve preliminary references from national courts to the CJEU to clarify whether national laws are aligned with EU law.Continue Reading Overview of Key CJEU Rulings on EU Consumer Protection Law of June 2025

On June 26, 2025, the Council and the European Parliament reached a provisional agreement on modernizing the EU’s framework for alternative dispute resolution (ADR) in consumer matters.

The current ADR framework—established in Directive 2013/11/EU (ADR Directive)—has not been amended since its adoption in 2013. As noted in our previous blog, the European Commission recognized the need to modernize the system and, on October 17, 2023, proposed a legislative package to (i) amend the ADR Directive, and (ii) repeal the Online Dispute Resolution (ODR) Regulation, which created the European Online Dispute Resolution (ODR) Platform, on the basis that this platform was infrequently used. The ODR repeal regulation was formally adopted on November 19, 2024 and the ODR Platform will be discontinued on July 20, 2025. Since then, the focus has shifted to finalizing a reformed ADR framework.Continue Reading Council and Parliament Agree on Key Reforms to the EU ADR Framework

This year, state lawmakers have introduced over a dozen bills to regulate “surveillance,” “personalized,” or “dynamic” pricing.  Although many of these proposals have failed as 2025 state legislative sessions come to a close, lawmakers in New York, California, and a handful of other states are moving forward with a range…

Continue Reading State Legislatures Advance Surveillance Pricing Regulations

Personalized advertising and pricing are increasingly common online practices, and prompt discussions about fairness and consumer rights in the EU.  This post examines how these practices are regulated under EU consumer protection law, and what we anticipate from the forthcoming Digital Fairness Act (DFA).  We also consider how data protection rules—such as the GDPR—interact with consumer protection laws.

This is the third post in our series on the DFA—a draft EU law currently being prepared by the European Commission and expected to be published in mid-2026.  Previous posts covered influencer marketing and AI chatbots in consumer interactions.Continue Reading Digital Fairness Act Series — Topic 3: Personalized Advertising and Pricing

On June 10, 2025, the Finnish Data Protection Ombudsman published a decision (in FI) where it found that the processing of personal data for enforcing parking violations was unlawful because the enforcement mechanism was not described in the parking rental agreement.  This recent decision is a striking example of how data protection and consumer protection law are increasingly intertwined.  The case demonstrates that the way in which customer services—and any related enforcement mechanisms for non-performance—are described in contracts is not just a matter of consumer transparency, but a legal requirement for the lawful processing of personal data under Article 6(1)(b) of the GDPR (“processing [that] is necessary for the performance of a contract”).Continue Reading Data Protection Meets Consumer Protection: The Crucial Role of Clear Terms in Service Contracts

In May 2025, the Court of Justice of the EU (“CJEU”) ruled on five cases applying EU consumer protection law. This blog post provides an overview of the decisions.

  • Three of these cases relate to the EU Unfair Contract Terms Directive (“UCTD”), which protects consumers from unfair terms in contracts with businesses. It applies to standard terms that have not been individually negotiated and ensures they are transparent, clear, and balanced. If a term is found to be unfair, it is not binding on the consumer—and its use can expose businesses to enforcement actions, including fines, under national laws.
  • The fourth case relates to the EU Directive on Misleading and Comparative Advertising (“DMCA”), which aims to protect businesses and consumers by prohibiting advertising that misleads or distorts competition. It also sets out conditions for permitted comparative advertising—comparing one product or service with another—to ensure fairness and accuracy.
  • The fifth case concerns the EU Directive on Electronic Commerce (“DEC”), which sets transparency obligations for online commercial communications. Specifically, it requires that online promotions clearly disclose the conditions for benefiting from the offer, ensuring that consumers are fully informed before making a decision.

We have summarized these cases below.Continue Reading Overview of Key CJEU Rulings on EU Consumer Protection Law of May 2025

In September, FTC Chairman Andrew Ferguson called for the FTC to regulate artificial intelligence claims through its existing consumer protection authorities:  “Imposing comprehensive regulations at the incipiency of a potential technological revolution would be foolish.  For now, we should limit ourselves to enforcing existing laws against illegal conduct when it involves AI no differently than when it does not.”  Two recently announced enforcement actions involving artificial intelligence underscore the new FTC leadership’s commitment to evaluate AI claims under traditional deception frameworks. Continue Reading FTC Challenges Deceptive Artificial Intelligence Claims

AI chatbots are transforming how businesses handle consumer inquiries and complaints, offering speed and availability that traditional channels often cannot match.  However, the European Commission’s recent Digital Fairness Act Fitness Check has spotlighted a gap: EU consumers currently lack a cross-sectoral right to demand human contact when interacting with AI chatbots in business-to-consumer settings.  It is still unclear whether and how the European Commission is proposing to address this.  The Digital Fairness Act could do so, but the Commission’s proposal is only planned to be published in the 3rd quarter of 2026.  This post highlights key consumer protection considerations for companies deploying AI chatbots in the EU market.Continue Reading Digital Fairness Act Series: Topic 2 – Transparency and Disclosure Obligations for AI Chatbots in Consumer Interactions

The European Commission (“Commission”) is working on a new EU consumer protection law called the Digital Fairness Act (“DFA”) to better protect consumers in the digital space.  The DFA is expected to regulate, among other things, influencer marketing. 

With EU consumer protection watchdogs starting to bring cases against companies whose products or services are promoted by influencers (see for example here), the DFA’s provisions may apply not only to influencers, but also to companies that deploy or use influencers, to ensure that advertising practices are fair and transparent.  This blog post explores two key issues that the European Commission is expected to prioritize in its approach to influencer marketing.  It also provides a brief overview of the French legal framework in this area, which some expect to serve as a model for the EU’s forthcoming rules in this area.Continue Reading Digital Fairness Act Series – Topic 1: Influencer Marketing

On March 20, 2025, the Court of Justice of the European Union (“CJEU”) ruled on the fairness, under EU consumer protection law, of a contractual clause allocating a percentage of an athlete’s income to a professional services provider (Case C‑365/23 [Arce]).  This ruling sets an important precedent and strengthens the protection afforded by consumer protection law to minors who enter into professional service contracts, whether in sport or elsewhere.Continue Reading CJEU Rules on Fairness of Remuneration Clause in Sports Contract