APEX-Agents
Gemini 3 Flash on Law_World_423_DM_05
Grader rubric
Criteria verdict
States that consumer injury could not reasonably have avoided is a required element for a finding of unfairness under the FTC Act
States that a violation of public policy is a required element for a finding of unfairness under the FTC Act
States that unethical or unscrupulous activity is a required element for a finding of unfairness under the FTC Act
States that substantial consumer injury must have occurred in its net effects in order for a practice to be deemed unfair under the FTC Act
States that an exemption to "substantial injury" involves analyzing whether the injury is offset by consumer or competitive benefits of the activity
States that Northstar did not cause a substantial injury
States that Northstar did not violate public policy
States that Northstar's actions do not constitute unethical or unscrupulous practices
States that Northstar did not engage in unfair practices in violation of Section 5 of the FTC Act
Prompt excerpt
Task context
Northstar's US customer, Zellwerk, reported a system-wide outage that delayed access to shipment-tracking data containing health-related product identifiers and customer account IDs. During the outage investigation, Northstar's internal team discovered an unapproved third-party analytics module embedded in the US and European instances of the platform for "temporary performance monitoring." The General Counsel has reached out asking if Northstar's data practices would be considered unfair under the Federal Trade Commission Act. Make a NEW document, and prepare a short memorandum with a summary of the relevant legal authority, analysis, and a conclusion.
Response trace
Agent response, tools, files, and edits
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