Discuss about the Data Scam Issues Due to not Reading Terms and Conditions.
Supporting pieces of evidence and limitations of the study
Data scammers are turning to be more efficient. They have been taking benefits of new technologies. This include services and new products to convince users about money and different personal information.
However, terms of services are too long to read very often. It is essential to know what is there. In this following study issues of data, scams are analysed for not understanding different terms and conditions.
Further, as any website is operated through registered business at New York, here governing laws of those terms and conditions have presented some guidelines. These terms and conditions are also known as one commits to agreements that are also signed as shown by Cross (2016). However, there are some limitations to the study. The study does not analyse what is needed to be committed and what are the obligations. Further, users are unable to understand what penalties are to be applied as they fail in meeting those obligations. For example, Owen, Noble and Speed (2017) the user is unable to know what they have been committing themselves to be liable for the debt of the company. Moreover, they lack determining of personal guarantee in economic mismanagements of other people. They have also needed to indicate how they have been exposing themselves and their resources with various potential losses regarding property and income. Additionally, according to Hutchings and Holt (2014) they have required to enter into business contracts where they can pay suppliers as per the scheduled time frame. However, as this not happen, the users are unable to know what penalties are there for them.
Critical assessment and differences in various viewpoints
Clicking on accepting terms and conditions have been legally binding. As per Guardian, only seven per cent of people over the Internet have been reading complete terms and requirements documents. Here, simultaneously, twenty per cent of individuals have been suffering in various ways by not reading the papers. Liked licensed accreditations and occupations of different professional bodies, the suggested scheme of kitemark has been transferring few responsibilities to evaluate the service of the organisations away from various untrained citizens. However, Jones, Towse and Race (2015) analyzes that various practical problems are faced by that scheme proper they turn to be successfully deployed. Initially, there are issues to find effective ways to convey data regarding complicated nuances to handle personal data visually.
Here there are challenges in establishing a robust and transparent process to evaluate data handling processes and how to make translations of those kite map ratings. It has been particularly challenging as it comes to indicate legal and ethical practices. At last, there are burdens that any certification processes have been over online businesses. However, the debate has been who must be debating for that. It is needed to be determined whether they have been taxpayer and business. However, the initial query for online companies has been whether the cost has been worth to perceive the benefits gained in trusting consumers. Here, a stumbling block can be analysed originating from the reality that online services get dominated by companies in the US. They have been looking at businesses at global scale having millions of customers. Here, from the viewpoint of that scenario, McCoy et al. (2016) discusses that the UK level kite initiate has been impacting about 60 million citizens. This has been rapidly losing significance until it gets picked up and implemented at the international level.
For understanding issues of data scams in not reading terms and conditions, various happenings are to be understood. There is a lack of data collection and usage clauses. This is also vital to inform that the users know what data they are collecting and whom they should be sharing. There are also harmful language clauses and intellectual property clauses. According to Hutchings and Holt (2017), the international copyright laws have been protecting contents and revealing that these are the conditions and terms allowing to pursue anyone violating those clauses legally. Then there are termination clauses informing customers of what situations the agreement has been germinating. The disclaimer clauses have been limiting the liability of business limits under the scenarios where customers are displeased with product and services as per Dillman, Hao and Millar (2016). Further, there can be a lack of proper governing law clause that is vital to set governing laws in those terms and conditions. This notifies what jurisdiction has been made as the presenter on that contract.
Present state-of-the-art and the limitation of the study
There are various searching methods, like finding the terms that one can challenge. Users can contest multiple charges and hidden faces within Consumer Right Acts. This is because the legislation indicates that the primary terms of a contract include prices. This can be analysed for fairness until there are transparent and prominent. Cross (2016) indicates that it means development for consumers since those terms have been exempt from fairness tests as they were penned down in plain language. They can be deemed unfair as they are contrary to the requirements of users trust. Here, they are to be designed, entered and negotiated to consumers in an open and fair manner. Further, they have been causing a notable imbalance between the rights of retailers and consumers towards the detriment of consumers.
However, some terms cannot be challenged. Here, every contract term with core terms should be in the intelligible and understandable language. Besides one can get challenged then as they are unfair. Besides, various aspects are to be considered at this regulation. People should be claiming prices one have agreed to pay that is unfair. The reason is they have found a similar item cheaper than anywhere else as written by Cross and Kelly (2016). A contract must be declared to extend warranty unfairly. This is because it has been offering much less cover than others that are bought at the same price. Further, terms are to be challenged that are negotiated with sellers. Individuals here only can test the names and condition standards of contractors.
Moreover, there are terms deemed to be unfair. Here some of the most common conditions include various elements. The first one is unbalanced right. Here, contract terms have been providing traders with particular rights. This can be considered unfair by customers. There can be excessive fees of collections. Here, conditions have been allowing traders with much money as one back out of contracts that are unfair shows Edwards, Rashid and Rayson (2015). Then there is a change in services and goods. As traders are unable to have a term that helps to modify significantly what is bought. This is instead of providing the scope to withdraw the contracts. Lastly, there is a change in prices. These seller terms and conditions have been stating orders to get accepted as they begin taking items that are ordered and can be charged for the cost of goods at one time. Besides, contract terms indicating one should be higher prices as prices can rise as users ordered might be regarded as unfair. The contracts comprise of terms and conditions set out with right and roles for every party for every deal. It must be assured that one read and make sense of those contracts before accepting that.
Search methods and justification of selected articles
Further, as the users ensure that they must be seeking legal advice. As one has the scopes of negotiating one they agree, this is common to get offered the similar contracts to all the people. This is known as the standard form of contracts. Gregory (2017) highlights that these are laws protecting from unfair contract terms within standard consumer contracts. Here there are small or no scopes in negotiating traders.
The above study discusses limited cases as the consumer ends contracts without any penalty. These include whether the business has misrepresented conditions, terms, services and goods. Besides, it is also to be determined whether any cooling-off period is applicable. This the safeguard to be designed for providing consumers scopes for changing minds. These are to purchase agreement that is made. Thus by adding improvement, damages can be repaired, and they must be kept up with regular maintenance that is part of smart consumer efforts for protecting and rising value to essential resources. Users should ensure that it is known how to defend themselves and get familiarised within common development scams. Fraud can be offline and online. Thus understanding kinds of fraud and what has made them vulnerable are helpful to prevent becoming a victim. The above literature review provides information on present frauds with various tips to protect themselves.
Cross, C. and Kelly, M., 2016. The problem of “white noise”: examining current prevention approaches to online fraud. Journal of Financial Crime, 23(4), pp.806-818.
Cross, C., 2016. Fraudsters change tactics as a crackdown cuts some losses due to online scams. The Conversation, (1).
Cross, C., 2016. Why we need to do more for the victims of online fraud and scams. The Conversation, (19).
Dillman, D.A., Hao, F. and Millar, M.M., 2016. Improving the effectiveness of online data collection by mixing survey modes. The SAGE Handbook of Online Research Methods, p.220.
Edwards, M., Rashid, A. and Rayson, P., 2015. A systematic survey of online data mining technology intended for law enforcement. ACM Computing Surveys (CSUR), 48(1), p.15.
Gregory, B., 2017. 10 Steps Every Law Firm Should Take to Protect Its Data and Create a Secure Environment. Legal Mgmt., 36, p.8.
Hovde, K., 2017. Mining online community data: The nature of ideas in online communities. Food quality and preference.
Hutchings, A. and Holt, T.J., 2014. A crime script analysis of the online stolen data market. British Journal of Criminology, 55(3), pp.596-614.
Hutchings, A. and Holt, T.J., 2017. The online stolen data market: disruption and intervention approaches. Global Crime, 18(1), pp.11-30.
Jones, H.S., Towse, J.N. and Race, N., 2015. Susceptibility to email fraud: A review of psychological perspectives, data-collection methods, and ethical considerations. International Journal of Cyber Behavior, Psychology and Learning (IJCBPL), 5(3), pp.13-29.
McCoy, D., Park, Y., Shi, E. and Jakobsson, M., 2016. Case Study: Rental Scams. In Understanding Social Engineering Based Scams (pp. 89-102). Springer, New York, NY.
Owen, T., Noble, W. and Speed, F.C., 2017. The Challenges Posed by Scammers to Online Support Groups: The ‘Deserving’and the ‘Undeserving’Victims of Scams. In New Perspectives on Cybercrime (pp. 213-240). Palgrave Macmillan, Cham.
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