US Court nullifies FTC requirement for click-to-cancel
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Re: US Court nullifies FTC requirement for click-to-cancel
#12Re: US Court nullifies FTC requirement for click-to-cancel
#13Re: US Court nullifies FTC requirement for click-to-cancel
#14Re: US Court nullifies FTC requirement for click-to-cancel
#15> But the U.S. Court of Appeals for the Eighth Circuit said the FTC erred in its rulemaking process by failing to produce a preliminary regulatory analysis, a statutory requirement for rules whose annual effect on the national economy would exceed $100 million.
> The FTC had argued that it was not required to prepare the preliminary analysis because its initial estimate of the rule’s impact on the national economy was under the $100 million threshold — even though ultimately the presiding officer determined the impact exceeded the threshold.
This is a case where congress really did pass a concrete law, and the court is requiring the FTC to follow it. Sucks that a reasonable rule is getting voided for the sloppiness but I really don't think the courts are indefensibly out of line.
[1] https://thehill.com/policy/technology/5390731-appeals-court-...
Re: US Court nullifies FTC requirement for click-to-cancel
#16Re: US Court nullifies FTC requirement for click-to-cancel
#17Earlier quoted context omitted.
Did you read the article? "Procedures weren't followed." Seems like an almost intentional mistake tbh
Yeah not a great article. "failed to follow required procedures under the FTC Act during the rule-making process" but no real details on what the procedures require that the commission did not do.
Were you expecting respectable and proper jurisprudence? I'm not any more.
Re: US Court nullifies FTC requirement for click-to-cancel
#18From a different article [1]: > But the U.S. Court of Appeals for the Eighth Circuit said the FTC erred in its rulemaking process by failing to produce a preliminary regulatory analysis, a statutory requirement for rules whose annual effect on the national economy would exceed $100 million. > The FTC had argued that it was not required to prepare the preliminary analysis because its initial estimate of the rule’s imp…
Re: US Court nullifies FTC requirement for click-to-cancel
#19I always felt like those click to unsubscribe links were nothing more than a "please prove to us with certainty that this is an actively used account so we can set a sticky bit on it and sell that info for $$$"
Re: US Court nullifies FTC requirement for click-to-cancel
#20The FTC was warned at the time that they were flouting required procedures and that their rule would therefore not survive legal scrutiny. Lo and behold it did not.