One difference in legal system between the US and the EU is that in EU laws tells you what you can and can't do. In the US many of these would be decided by a court of law. By and large, US companies have been playing safe, except a few really greedy ones, in fear of catastrophic consequence if they loose. In reality, corporations got away from a lot of things until they were caught.

Remember the rental car company which fined unsuspected customers when they returned the vehicles, based on the GPS speed info recorded secretly without the users' awareness. That was 10 years ago, when most people had no clue whether it was legal or not. Nowadays it is widely recognized as an invasion of privacy.

It usually takes a stubborn customer who has plenty of time to kill, and a shrewed lawyer who sees the opportunity. I guess so far Enterprise has been lucky, but I doubt how long that will last.