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Visa's marketing opt-out has been down for over a week. Is this a legal issue?

marketingreportoptout.visa.com

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Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#141

Post by BenjiWiebe »

djrogers wrote: post #11
derefr wrote: post #5

Earlier quoted context omitted.

You say that as if it would be a CapEx-laden technological hurdle for Visa, MasterCard, etc. to implement chip-and-pin. But these same companies are already issuing 100% chip-and-pin (plus tap) cards in every market other than the US. If you want to blame anyone, blame the vendors of US ATMs and POS systems. Without their support, and a willingness to push through a deprecation/replacement of older hardware, chip-and…

> But these same companies are already issuing 100% chip-and-pin (plus tap) cards in every market other than the US. Citation please? I haven't seen a non-chip-and-pin card issued here in the US for at least 5 years (probably even longer), and that includes my tiny local bank..

Chip and pin is distinct from chip. I have ~5 credit cards. At least 4 of them support tap to pay.

They all have chips. None of them have chip-and-pin.

Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#142

Post by autoexec »

charcircuit wrote: post #83
manquer wrote: post #80

Earlier quoted context omitted.

Do individuals have standing against FTC if they don't action ? Lack of FTC action is causing you material harm , or is there immunity against FTC as well?

Quoted post unavailable.

The economic harm spam causes is in the billions every year. Plenty of articles and reports on the negative impacts of spam. It's no small thing.

Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#143

Post by exikyut »

go_prodev wrote: post #124
exikyut wrote: post #36

Earlier quoted context omitted.

What's the URL?

My Adobe emails don't have a link, they require an Unsubscribe email to be sent to unsubscribe-na@adobesystems.com which is undeliverable.

Ahh. Nice, hmm :(

Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#144

Post by na85 »

charcircuit wrote: post #83
manquer wrote: post #80

Earlier quoted context omitted.

Do individuals have standing against FTC if they don't action ? Lack of FTC action is causing you material harm , or is there immunity against FTC as well?

Quoted post unavailable.

>How much harm does a marketing email even do. Waste 0.001 seconds of your time?

I can't get myself into a frame of mind where I'd find myself defending spam. I'm genuinely fascinated. Why are you taking this angle?

Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#145

Post by ryanhuff »

jay_kyburz wrote: post #133
NaturalPhallacy wrote: post #115

Earlier quoted context omitted.

Anecdotal, but the FTC has teeth. I noticed I was getting billed by AT&T for South Carolina taxes when I'd been living in Oregon for 3 years. Literally hadn't left the state of Oregon since I'd arrived. I added up the fees in a spreadsheet and it came out to $51. I called AT&T and fought with their customer support who offered me "as a one time courtesy refund $25" and escalating to a manager wouldn't change that. I…

I was once having problem with my Bank, and instead of going into the branch _again_, I used a form on the website to log a complaint. OMG, I've never seen such good customer service! My guess is the number of complaints resolved is tied to somebodies bonus.

It may be that complaints submitted over the bank website are handled by a different (more responsive) team than complaints made at the branch.

Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#146

Post by eslaught »

couchand wrote: post #97
whathappenedto wrote: post #31

When I tried to get my annual credit report, I find that the credit agencies constantly have trouble validating my identify online even though I have one of the simplest reports. A single same address for decades, no loans, paid off every month. They randomly will say that I can't be verified, and I need to snail mail them copies of a bunch of identifying documents to get my credit report. I imagine this is a common…

I had a similar experience recently: one agency report came through fine, one report came through with mysterious issues, and one just would not ever let me verify without snail mail. When it came time for my "real" credit report to be run, however, there was no problem at all verifying my identity or getting the accurate information. Weird, huh?

Your comment exactly describes my experience.

What can we do about it? It feels hard because for any given individual they can say: "the problem is you, not us." We'd need some sort of aggregate data to prove that there's something systematic going on.

Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#147

Post by charcircuit »

autoexec wrote: post #142
charcircuit wrote: post #83

Earlier quoted context omitted.

Quoted post unavailable.

The economic harm spam causes is in the billions every year. Plenty of articles and reports on the negative impacts of spam. It's no small thing.

We are talking about the "Lack of FTC action is causing you material harm." It's not causing you specifically billions of dollars.

Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#148

Post by fay59 »

markstos wrote: post #33

IANAL, but if the page is used to opt-out of marketing emails, then yes, Visa is in violation the US CAN-SPAM act, which requires promptly processing opt-out requests. https://www.ftc.gov/business-guidance/resources/can-spam-act... As long as the opt-out page is broken, they should not be sending out marketing emails and could be open to a class-action lawsuit from people they email with no ability to opt-out.

CAN-SPAM does not create a private right of action. I have generally no idea what I’m talking about when it comes to legal stuff but I think this means only the government can sue them over it.

Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#149

Post by Meph504 »

ryanhuff wrote: post #145
jay_kyburz wrote: post #133

Earlier quoted context omitted.

I was once having problem with my Bank, and instead of going into the branch _again_, I used a form on the website to log a complaint. OMG, I've never seen such good customer service! My guess is the number of complaints resolved is tied to somebodies bonus.

It may be that complaints submitted over the bank website are handled by a different (more responsive) team than complaints made at the branch.

A lot of times, when it comes to business like this, in person complaints go into the ether, but the online complaints are recorded and play a part in performance metrics, or hit corp response team rather than branch.

Re: Visa's marketing opt-out has been down for over a week. Is this a legal issue?

#150

Post by playpause »

codingdave wrote: post #67
markstos wrote: post #33

IANAL, but if the page is used to opt-out of marketing emails, then yes, Visa is in violation the US CAN-SPAM act, which requires promptly processing opt-out requests. https://www.ftc.gov/business-guidance/resources/can-spam-act... As long as the opt-out page is broken, they should not be sending out marketing emails and could be open to a class-action lawsuit from people they email with no ability to opt-out.

> with no ability to opt-out. That is the key. Does the web page being down mean that there is no way to opt out? Or is it just more difficult? The page you linked says: "Give a return email address or another easy Internet-based way to allow people to communicate their choice to you." Take note of the "or" in that statement. So as long as they check replies within 10 days, they seem to be OK. If they fail to do so,…

Seems unlikely every marketing email Visa sent during this outage was sent from an actual, valid email address with an inbox. Isn’t that pretty unusual for marketing emails? They’re usually from something like no-spam@domain.
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