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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?

#91

Post by JacobThreeThree »

hoppyhoppy2 wrote: post #55
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.

>if the page is used to opt-out of marketing emails Though I can't access it, I don't think that's what it's for. I believe it's for opting out of having your credit-card purchase history used for marketing purposes (i.e. sold to other companies, not for Visa itself to send you marketing emails). >U.S. cardholders may opt out of Visa using their card transaction data for VAS, a suite of aggregated data products in th…

Yeah, this opt-out is clearly not related to the sending of marketing emails.

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

#92

Post by aylons »

azinman2 wrote: post #77
nimih wrote: post #65

Earlier quoted context omitted.

> When has power ever been limited? The question isn't really whether power has been "limited" (it's unclear to me what that would even mean, honestly), but the form in which it is constituted and what institutions it rests with. Like, it's pretty clear that the institutions which control and manage daily life and politics in 21st century America are of a much different character than the ones of the mid-20th century…

Of course the institutions are different. But is the problem of power any different? If anything, it seems like there are more ways that power is limited in current America than 16th century Europe or the USSR. Roman was absolutely multinational. I don’t think it had corporations, but rather the entire empire acting as a single business… which is even worse.

You're not completely wrong, it is just a way too crude of an assessment.

The way power evolves from ancient times, to middle ages, to modern times and finally contemporary times, how the institutions of capitalism are different in form, but not in essence from the institutions of feudalism and other themes are a central topic of Marxist theory.

You seen to agree with him about the root of the exploitation problem, but GP is also right in that there are differences on how the institutions operate and how advanced they are in comparison to those of the past. These new institutions and techniques and dynamics require different tools for analysis.

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

#93

Post by xeromal »

micromacrofoot wrote: post #69
umeshunni wrote: post #62

Earlier quoted context omitted.

This isn't Reddit

This isn't Instagram either, can you clarify what this is supposed to mean?

Hackernews discourse is supposed to at least take some thought when making a comment.

>ah cos big corps just do what they want with no penalties unless they piss off enough people that the politicans feel like they need to make a point.. ...we're well into gangster capitalism now

This is just a lazy comment.

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

#94

Post by istjohn »

azinman2 wrote: post #25
docflabby wrote: post #4

Nah cos big corps just do what they want with no penalties unless they piss off enough people that the politicans feel like they need to make a point.. ...we're well into gangster capitalism now

You say gangster capitalism. I also hear late stage capitalism and other such modifiers being thrown around a lot. When has power ever been limited? Certainly not in any communist society that’s existed so far, nor under feudalism, or even earlier capitalist societies to my knowledge (did the Roman’s not have this problem?).

There is a long-standing idea in American political thought going back to James Madison that the centralization of capital in too few hands poses a danger for democracy.

In the Gilded Age, Congress passed the Sherman Antitrust Act and later created the FTC.

In 1941, Supreme Court Justice Louis Brandeis wrote: “We can have a democratic society or we can have the concentration of great wealth in the hands of a few. We cannot have both.”

Then in the 1970s the Supreme Court nerfed the Sherman Act, and it's all been downhill from there.

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

#95

Post by nimih »

azinman2 wrote: post #77
nimih wrote: post #65

Earlier quoted context omitted.

> When has power ever been limited? The question isn't really whether power has been "limited" (it's unclear to me what that would even mean, honestly), but the form in which it is constituted and what institutions it rests with. Like, it's pretty clear that the institutions which control and manage daily life and politics in 21st century America are of a much different character than the ones of the mid-20th century…

Of course the institutions are different. But is the problem of power any different? If anything, it seems like there are more ways that power is limited in current America than 16th century Europe or the USSR. Roman was absolutely multinational. I don’t think it had corporations, but rather the entire empire acting as a single business… which is even worse.

> But is the problem of power any different? If anything, it seems like there are more ways that power is limited in current America than 16th century Europe or the USSR.

I certainly think so. I think many of the way in which modern institutions exert power over individuals are of a fundamentally different nature compared to, say, slave economies, or the pre-reformation Catholic church, or the Aztec empire, or whatever. In particular:

> If anything, it seems like there are more ways that power is limited in current America than 16th century Europe or the USSR.

I half-agree here. I don't really think "power" is a one-dimensional scale where you can strictly order societies in terms of the degree to which it exists. Take, for instance, the way in which advertising companies are able to leverage their understanding of psychology and their fine-grained control over media content to directly shape our desires and emotions; these are tools which flat out didn't exist 100 years ago, and represent a mode of control which seems orthogonal to, say, a monarch ordering a summary execution of one of their subjects. These aren't theoretical distinctions, either: recognizing them can help point us in the right direction when trying to imagine what a better world looks like, and is useful for understanding what the available avenues of resistance and change even are.

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

#96

Post by paskozdilar »

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.

So just because the harm "feels small" to you personally, that means it's not really harm?

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

#97

Post by couchand »

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?

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

#98

Post by charcircuit »

paskozdilar wrote: post #96
charcircuit wrote: post #83

Earlier quoted context omitted.

Quoted post unavailable.

So just because the harm "feels small" to you personally, that means it's not really harm ?

When you go to sue Visa to get them to pay for the harm they caused you I imagine a $0.01 of harm is not worth the trouble.

Edit: I forgot the context. I should have said the FTC.

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

#99

Post by tobyjsullivan »

charcircuit wrote: post #98
paskozdilar wrote: post #96

Earlier quoted context omitted.

So just because the harm "feels small" to you personally, that means it's not really harm ?

When you go to sue Visa to get them to pay for the harm they caused you I imagine a $0.01 of harm is not worth the trouble. Edit: I forgot the context. I should have said the FTC.

From the URL in the root comment:

> Each separate email in violation of the law is subject to penalties of up to $46,517

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

#100

Post by behringer »

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.

If you don't like it perhaps you can petition the government to get rid of the can spam act?
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