European countries like the UK have consumer protection laws and they get enforced all the time. There’s a few ways:
- Act on customer complaints (or consumer protection organisation complaints)
- Proactively investigate and check
- Require businesses to submit proof that they follow the regulations e.g. test results
I’m sure there’s other ways and you can do one or more of these things to ensure compliance. It’s really context dependent on which methods one would use.
Yes, however fines don’t mean anything without enforcement. An interesting example is, on the subject about DEI at the FAA on the front page today, where the FAA was messing around with FOIA responses because they knew an individual couldn’t afford to sue over every single one. However a good regulatory body with teeth absolutely could do this.
It's built in. EU laws usually have a fining mechanism that says X % of {global/EU/regional} sales or a fixed sum, whichever is higher.
For example the GDPR says in Art. 83(5) [1]:
> Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher [...]
(An "undertaking" in EU law speak refers to any entity that is engaged in economic activity, regardless of its legal status or the way in which it is financed.)
Can you explain what you mean? I get the sense of sarcasm, but I'm not sure. 4 % of annual turnover [1] or 20 Mio, whatever is higher, appears substantial to me. If Alphabet would have been fined once in 2024 it would have to pay 4 % of its annual turnover of the year 2023, 307 billion US$, which amounts to ca. 12.3 billion US$. Or do you think 4 % is not enough?
Recital 37 [2] of the GDPR gives a definition of what an undertaking means in the context of the GDPR.
not the one who asked the questions, but I actually think 4% are not enough.
If Google or Meta makes 10% of their earnings with that shit and they have to pay max 4% they still have a 6% margin over - not doing it.
IMHO there should be a 4% fine additionally to paying back all the illegally generated earnings. Also, more executives should go to jail for it - And that's the C-Level Executives, because it's them which are accountable.
Problem with those things: usually it still hits the little ones harder than the big players...
I'm thinking of the time I had a membership with Anytime Fitness. Entry into the gym entailed scanning a key fob, so it was readily possible to have a record of when I entered, and (relevantly) when I didn't.
This was an exact point I raised when they attempted to charge an expired card twice and then sent my bill to collections. The gym staff admitted to remembering that I attempted to cancel because I was moving to a place with no Anytime Fitness locations; they refused to let me cancel my contract early without me showing them my new lease, which I didn't have yet and wouldn't have until after I had already left my old city. They also surely had electronic records confirming that I had not set foot in an Anytime Fitness since that time - or else, no ability to prove that I had set foot in one since that time.
That they had the nerve to not only keep charging my card but send the progeny of their multiple degrees of utter failure to collections is exactly why they never got a dime out of me. If anything they owed me money, not the other way around. That hundred or so dollars has since rolled off my credit report, but until then I wore that delinquency as a badge of honor. That shithole of a company can shove it.
...anyway, that'd be the way to enforce it: by checking access logs to see if the customer actually used the service. Don't have access logs? Well then, you know the saying: customer's always right.
If anything like that happens again, or something like you purchase a second hand car but weren’t supplied the signed registration paper / no receipt… need a day off work due to illness but don’t want to pay to see a doctor / telehealth etc etc
You can statutory declaration, a written statement you declare to be true, many professionals can witness them, teachers, dentists, vets, engineers, mostly anyone who’s practice requires they be a member of a professional organisation.
If you were to serve such to Anytime Fitness, either before you intended to leave serviced area, or any time prior to them selling the dept to recovery, they are obliged to cancel from the date they were served or the date you state in the declaration.
A Process Server can hand them the declaration, or you can in person, or registered mail to head office.
This also tends to work for parking ticket fines issued by private car park operators whereby you make a reasonable offer for the time you were parked there—eg ten minutes prior to the first ticket, so one whole hour of parking as a reasonable counter offer to their punitive ticketed fee—though these all tend to be electronically gated these days so mostly moot.
I tend to do a higher than average level of minor civil disobedience type behaviour, and tend to find it quite enjoyable arguing my point knowing I’ll typically win the argument.
Yes, but that problem would've been moot if they were prohibited from charging me for months I didn't use it (i.e. every month after the one wherein I attempted to cancel).
Even if I'd simply "forgotten" to cancel, the prohibition on charging me for the months I didn't use it would've made this a non-issue. Hell, I'd probably still be a customer today, now that I've long ago moved back to a city with Anytime Fitness locations.
But you didn't. You clearly stated that the burden of cancelling was too high: " The gym staff admitted to remembering that I attempted to cancel because I was moving to a place with no Anytime Fitness locations; they refused to let me cancel my contract early without me showing them my new lease, which I didn't have yet"
This is the root of the problem. Not the "prohibition to charge for services you've subscribed to but don't use".
My prepaid mobile service is configured to auto-renew. The service provider messages me two times prior to renewal, something like three days before and the day before. The SMS contain details of how to change my payment settings, which is also the same place you remove your payment card / bank account details.
We also have legislation that provides warranty on electronic devices and household appliances, everything really, except things like cars and boats etc etc, for the reasonable lifetime of the product. So a cheap washing machine, three to five years would be reasonable, an expensive unit? I want that to last six to eight years. An expensive fridge, at least ten.
Especially if there was an expectation that someone might forget to use a service and then expect all their data to have remained in storage for them to use when they returned?
