Sears Settles With FTC For Putting Spyware On Customers' Computers
from the customers-aren't-lawyers dept
You may recall a couple years back, a controversy over the fact that Sears appeared to be installing spyware on the computers of online customers who had agreed to join a "community." Sears insisted this wasn't true, and that it really was software to help create a community of shoppers -- but the evidence suggested otherwise. The FTC eventually got involved, and now Sears has settled the charges that it was unfairly spying on users without clearly indicating this to users. Sears insisted that because the fine print of the terms of service for joining the community said that it would track your online browsing, it was in the clear, but the FTC noted, accurately, that most users would not have gotten that impression from signing up. As Thomas O'Toole notes about this ruling:I'm pretty sure that attorneys would understand the breadth of the consent covered by the phrase "online browsing." It means everything. The position taken by the FTC signals the agency's belief that consumers should not be treated like lawyers when it comes to privacy-related disclosures. The FTC also appeared to be concerned about the fact that the disclosure was buried in a lengthy privacy statement, which was displayed to the consumer rather late in the consent-collecting process.This is a good thing. Customers shouldn't need to be lawyers to understand what it is they're agreeing to, and it's nice to see the FTC recognize that fact.
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Filed Under: community, lawyers, spyware, terms of service
Companies: sears
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What exactly does it take to be an expert? What are the qualifications?
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Re:
>"Michael Masnick is an expert at the Insight Community."
>What exactly does it take to be an expert? What are the
>qualifications?
Rest assured, that no matter WHAT the qualifications are... they are FAR, FAR more than being an anonymous coward.
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Re: Re:
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I am sick of seeing self-professed "experts" in the media. Fox/CNN everywhere!
IMHO Mike is an expert, but you shouldn't be criticizing somebody just because that person doesn't believe the same.
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(P.S. -- I am not trying to create a Linux v. Win v. Mac argument here, please leave the arguments at home, I know the advantages and disadvantages of each platform, as do all the other readers of this blog, so take that discussion elsewhere)
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So when will they do this for everything?
It is far to often that a company uses licence agreements to change rates or add fees and then just refer back to some bit of the contract that you never saw or would have understood if you had the chance. For example Cable companies get away with charging early termination fees on a 'contract' that you never signed or saw.
It always suprised me how seldom the FTC or the FCC goes after large companies that could change the way the industry behaves in stuff like this.
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Re: So when will they do this for everything?
So true. As a corollary, it amazes me how many people seem to accept the premise of "buyer beware" and the need for so-called regulatory relief from disingenuous business practices in the name of "fostering business". If we are a nation where things such as responsibility and the law mean anything, companies should willfully stop playing these "games". If a company is not willing to act responsibly then regulate them.
The US, a nation of by and for the corporations.
That reminds me, one person I know suggested that all lawmakers, like the race car drivers, wear the emblem of their corporate sponsors!!!!!!
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Meh
Actually, that didn't piss me off all that much. But when they emailed me saying they needed help transfering money, that pissed me off.
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I used to be a Sears Customer...
I want Sears to go out of business. Good riddance to bad rubbish.
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Another one on the list of 'do not shop here' businesses for me.
I'm no expert either way - but I do decide where I spend my cash ;)
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Sears really does have everything!
No more SEARS, I'm off to Wally-World!
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Re: John Raven's Post
Besides, you're a Stage Hypnotist- One who takes advantage of certain peoples weak minds and sells Self-Help books to those dumb enough to buy. Get a life
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Sears and spyware
I AM an attorney, but I have better things to do with my life than to go through "lengthy" disclosure statements! In fact, I won't do it.
So, the disclosures should be very clear, non-legalese, AND very short and to the point!
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SEARS DEMANDED my Name, Phone, Address, & Drivers Lic TODAY !!
At that point, salesperson scanned the barcode on the old receipt which didn't bring up my personal info, and so he asked my phone # and I promptly ask WHY?
He stated they could not process or do an exchange without my info. I rattled off a fake number and then he said are you SookieYee I said "no". He called the manager because I was refusing to give my personal info since all they needed was a original purchase receipt.
We exchanged sharp words and he basically said that he was NOT going to do anything for me and that he WOULD NOT allow me to enter false info because they MUST see a valid ID showing photo, address, and name to PROVE I am who I am.
I HAD to give them the information to get my rightful replacement.
All this trouble (and the increasing chipping away of my right to privacy in the retail environment) to trade an old piece of crap for a new piece of crap that will break mysteriously in exactly 1 year.
I promised them I will never purchase anything from Sears again as long as I live. Ever.
By the way, Macy's is the same way. Clerks claim they cannot process a sale without your name and phone number.
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