Consumer Protection in the Digital Marketplace

Consumer Protection in the Digital Marketplace Appendix A – Consultation Questions Online Contracts Notice and Disclosure Question 1: Question 6: What factor or factors distinguish “online” practices Should the CPA be amended to require online suppliers from other forms of contract identified in the Consumer to provide more meaningful and effective notice of Protection Act (CPA)? material terms an. [...] Which options should Question 4: be adopted in Ontario, if any? Should the CPA be amended to reflect to provide more Question 8: consumer protections against unilateral changes in How should potential reforms to provide better or more terms of service (ToS) in the digital marketplace? If so, meaningful notice to consumers be balanced against could this be achieved by: the legitimate interests of o. [...] • Other potential reforms? Question 10: In addition to a statutory definition, should the CPA be Question 5: amended to include a list of “dark pattern” practices How should potential reforms to better protect that should be prohibited or proscribed? If so, which consumers against unilateral changes be balanced practices should be identified? against the legitimate interests of online suppliers? 8. [...] 5’s “comprehensibility” requirement? • A defined regime for parental or substitute consent Question 14: with “best interests” fiduciary duties that takes into In addition to a statutory definition, should the CPA account childhood development goals, freedom of be amended to include a list of online deceptive and expression, and vulnerable groups unconscionable practices that should be prohibited o. [...] This could include newly mandated harmonization? disclosure and notice provisions requiring lifetime or yearly projections of an average users costs, as well as other identifiable piece of “key information” and “market contexts” such as health risks or the addictiveness of a product or platform • Expanded limitation periods to raise unfair practices and subject to the principle of discovery • Expa.