[Portly_Giraffe]

Originally Posted by kagemusha

If this document is correct then BT and Phorm are misrepresenting good and services, breaking The Consumer Protection from Unfair Trading Regulations 2008

Specifically

Part 2, Prohibitions. Sub section Misleading Omissions.

6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—
(a) the commercial practice omits material information,
(b) the commercial practice hides material information,
(c) the commercial practice provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or.....

http://www.opsi.gov.uk/si/si2008/uksi_20081277_en_1

(Thanks to Annie Hall for directing me to the legislation)

Thanks for this. I have sent an email on this topic to the Consumers Association researcher I've been corresponding with occasionally about Webwise/Phorm. The interstitial page in the FOI pack dates back to March before the ICO said that Webwise/Phorm had to be "opt-in". However other principles such as including all material information and ensuring that it is the BT account holder who gives consent were clearly absent. I've suggested that they insist on these (as well as a true "opt-in" scheme) should they be in dialogue with BT over Webwise/Phorm.