Use the FTC unfairness test to assess a product or operations practice.
A signed term does not end the analysis if the practice still injures consumers. Substantial injury Start with the harm, not the policy owner. Count money lost, access blocked, time wasted, data exposed, or safety risk created. A small injury repeated across thousands of consumers can become substantial. Reasonably avoidable Ask what the consumer could actually do before the harm occurred. A buried term, broken notice, missing reminder, confusing flow, or support-only cancellation can mean the consumer did not have a practical way to avoid the injury. Countervailing benefits Benefits must be real and connected to consumers or competition, not…
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