3 ms·

Not a lawyer either, but take a look at this one's definition of "in or affecting commerce" under the Business Activities, Sometimes section: http://www.stephe

by dcow 4y ago

Not a lawyer either, but take a look at this one's definition of "in or affecting commerce" under the Business Activities, Sometimes section: http://www.stephenson-law.com/news/“-or-affecting-commerce”-initial-hurdle-unfair-and-deceptive-trade-practices-claim http://www.stephenson-law.com/news/“-or-affecting-commerce”-... > The proper inquiry is not whether a contractual relationship existed between the parties, but rather whether the defendant’s allegedly deceptive acts affected commerce. I'm really not sure that "gave different demographics of users different responses to optimize product satisfaction" is considered in any way an "unfair or deceptive" practice "in or affecting commerce".

genocidicbunny 4y ago
> I'm really not sure that "gave different demographics of users different responses to optimize product satisfaction" is considered in any way an "unfair or deceptive" practice "in or affecting commerce". Replace 'product satisfaction' with ARPU and suddenly it could very well be. Charging users different amounts, even if it only appears that it might be racially biased, would be a great way to invite more scrutiny. Ultimately, I figure the FTC probably has a few lawyers on staff, and they probably ran these messages past at least one of them. So they're probably a little more certain of the soundness of the messages than us armchair lawyers.