Federal Trade Commission Act section 5(n), standard for unfairness (15 U.S.C. 45(n))
A data practice is unfair when it causes substantial harm people cannot avoid and that is not outweighed by benefits: a sale of data people could not foresee or refuse can meet that test even without a broken promise.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
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“unless the act or practice causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition.”
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