Data Protection

GDPR and Privacy Policies: Is Your Website Compliant?

Understanding the gold standard of data privacy and how to avoid massive fines.

If your website has visitors from the European Union (EU), the General Data Protection Regulation (GDPR) applies to you, regardless of where your business is physically located. Failing to comply isn't just a minor oversight—it can result in fines up to €20 million or 4% of annual global turnover.

What is GDPR Compliance?

GDPR is a legal framework that sets guidelines for the collection and processing of personal information. It gives individuals control over their personal data and simplifies the regulatory environment for international business.

Essential Privacy Policy Requirements

• ✅ Transparency: You must state exactly what data you collect (names, IP addresses, cookies).
• ✅ Purpose: Explain why you are collecting the data and how long you will keep it.
• ✅ User Rights: Inform users they have the right to access, correct, or delete their data.
• ✅ Contact Info: Provide clear contact details for your Data Protection Officer (DPO) or privacy lead.

The "Cookie" Consent Rule

Under GDPR, "implied consent" is no longer enough. You cannot have pre-ticked boxes for cookies. Users must take an affirmative action to accept cookies, and they must be able to withdraw that consent just as easily as they gave it.

Data Breaches

If your website suffers a hack or data leak, GDPR requires you to report the breach to the relevant supervisory authority within 72 hours of discovery, and in some cases, notify the affected users immediately.

⚠️ Warning: Using a generic "template" from the internet without customization can leave you legally exposed. Every business uses data differently.

Does your Privacy Policy meet current legal standards?

Don't wait for a lawsuit or a regulatory audit. Let our experts review your site.

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Disclaimer: This article is for informational purposes only and does not constitute formal legal advice. For GDPR implementation, consult with a legal professional.

Buyer Protection

Understanding "Lemon Laws" for Cars

What to do when your new car is a never-ending mechanical nightmare.

A "Lemon" is a vehicle that has a significant defect that the manufacturer or dealer cannot fix after a "reasonable number of attempts." While laws vary by state and country, the core principle remains the same: The consumer should not be stuck with a defective product.

1. Does Your Car Qualify as a "Lemon"?

Not every breakdown makes a car a lemon. For a legal claim to be valid, the vehicle usually must meet these three criteria:

• Substantial Defect: The problem must significantly impair the vehicle's use, value, or safety (e.g., engine, transmission, or brake failure).
• Under Warranty: Most lemon laws only apply to new cars or cars still under the original manufacturer’s warranty.
• Reasonable Repair Attempts: You must give the dealer a chance to fix it. Usually, this means 3–4 attempts for the same issue, or the car being "out of service" for 30+ days.

2. The "Presumption" Period

Most jurisdictions have a specific window—often the first 12 to 24 months or the first 12,000 to 24,000 miles—where the law "presumes" the car is a lemon if the defects appear. If your car fails within this window, the burden of proof often shifts from you to the manufacturer.

3. Your Legal Remedies

If the court or an arbitrator determines your car is a lemon, you are typically entitled to one of two things:

1. A Full Refund: The manufacturer buys the car back (minus a small "offset" for the miles you actually drove).
2. A Replacement Vehicle: A brand new, comparable car without the defects.

4. Step-by-Step Action Plan

Step A: Keep Detailed Records. Save every repair order and invoice. Ensure the mechanic accurately describes your complaint on the paperwork.

Step B: Notify the Manufacturer. Most laws require you to send a formal written notice to the car company (not just the dealer) giving them one final chance to fix the car.

Step C: Arbitration or Lawsuit. Many car companies use "Arbitration" (an out-of-court meeting) to settle claims. If that fails, you may need to file a civil lawsuit.

⚠️ Used Cars and Lemon Laws

In many places, lemon laws do not apply to used cars unless they are still under the original factory warranty or were sold with a specific written "certified pre-owned" warranty. Always check your local statutes.

Stuck with a defective vehicle?

Manufacturer legal teams are aggressive. You need an expert on your side to ensure you get your refund.

Speak to a Lemon Law Expert

Legal Disclaimer: Lemon laws vary significantly by jurisdiction (e.g., California’s Song-Beverly Act vs. European consumer directives). This guide provides general information. Please consult keshillaligjore.com for specific advice regarding your vehicle's location.

Consumer Protection Law

False Advertising: Can You Sue?

Your rights when "What You See" isn't "What You Get."

We see thousands of advertisements daily, many promising miraculous results or unbeatable prices. But when a company crosses the line from "puffery" to "deception," they are breaking the law. If you’ve purchased a product based on a lie, you have legal options.

The Three Pillars of a False Advertising Claim

To successfully sue for false advertising under the Lanham Act or local consumer protection laws, you generally need to prove these three elements:

Misleading Statement The ad contained a statement that was factually false or significantly misleading to a reasonable consumer.

Materiality The lie was "material," meaning it actually influenced your decision to buy the product.

Injury/Loss You suffered an actual financial or physical loss (e.g., you paid for a feature that doesn't exist).

Common Forms of False Advertising

Type	Example
Bait-and-Switch	Advertising a low-priced item to bring customers in, then claiming it's "out of stock" to sell a pricier one.
Hidden Fees	Advertising a "flat rate" but adding mandatory, undisclosed surcharges at checkout.
False Endorsements	Using fake celebrity testimonials or "doctor-recommended" claims that aren't verified.
Misleading Comparisons	Claiming a product is "50% more effective than the leading brand" without clinical evidence.

Puffery vs. Falsehood: The Legal Line

It is important to distinguish between Puffery and False Advertising. Puffery consists of subjective claims that no reasonable person would take literally, such as "The Best Coffee in the World." Because "best" is an opinion, it is usually not grounds for a lawsuit. However, saying "Contains 100% Arabica Beans" when it is 50% Robusta is a factual claim that can be sued upon.

Important: Keep all evidence. Take screenshots of the advertisement, keep your receipts, and save the product packaging. These are essential for proving what was promised versus what was delivered.

Individual Lawsuit vs. Class Action

If your personal loss is small (e.g., a $10 bottle of shampoo), an individual lawsuit may not be worth the legal fees. In these cases, Class Action Lawsuits are common. This is where thousands of people who were all deceived by the same ad join together to sue the company as one group.

Analyze Your Case With Our Lawyers

Disclaimer: This article serves as general guidance. Consumer protection laws vary by country (e.g., FTC regulations in the US vs. Consumer Rights Act in the UK). For a specific legal opinion, contact keshillaligjore.com.