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FTC announces "click-to-cancel" rule making it easier to cancel subscriptions

(www.ftc.gov)
1737 points pseudolus | 5 comments | 16 Oct 24 13:09 UTC | HN request time: 0.623s | source
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Uehreka ◴[16 Oct 24 15:57 UTC] No.41860626[source]▶
When people try and say that regulating stuff like this is impossible, I often think about how unreasonably great the regulations around “Unsubscribe” links in emails are.

There really seems to be no loophole or workaround despite there being huge incentive for there to be one. Every time I click an “Unsubscribe” link in an email (it seems like they’re forced to say “Unsubscribe” and not use weasel words to hide the link) I’m either immediately unsubscribed from the person who sent me the email, or I’m taken to a page which seemingly MUST have a “remove me from all emails” option.

The level of compliance (and they can’t even do malicious compliance!) with this is absurd. If these new rules work anything like that, they’ll be awesome. Clearly regulating behavior like this is indeed possible.

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andrewla ◴[16 Oct 24 18:57 UTC] No.41862533[source]▶
The big difference here is that this was created by an act of Congress, not the result of a regulatory body straining at the limits of its remit. That makes it much more likely to survive administration changes or court challenges.

Even now the CAN-SPAM act feels outdated -- I do like the unsubscribe button, but I would like to see email verification made explicitly required. That in order to start emailing you, you need to send an initial engagement email saying that the organization wants to start emailing you, and requiring you to actively opt-in to emails rather than just start sending them.

This would both cut down on marketing spam as well as mistaken email addresses. Most reputable websites do email verification where you have to enter a code or click on a link, but I have a surprising number of emails that get sent to me even though I am not the person the emails were aimed at.

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1. advisedwang ◴[16 Oct 24 19:57 UTC] No.41863174[source]▶
> regulatory body straining at the limits of its remit

The FTC's establishing laws make "unfair or deceptive acts or practices in or affecting commerce" unlawful and give them power to regulate that. It doesn't seem to be straining at the limits of remit to rule that making it hard for people to end a subscription is unfair/deceptive.

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2. andrewla ◴[16 Oct 24 20:31 UTC] No.41863540[source]▶
To whom is this "unfair"? A business has a legitimate interest in preventing customers from taking advantage of bulk discounts (committing to a long term of service in exchange for lower prices), and customers have a legitimate interest in opting to discontinue a service that is no longer needed. Where to draw that line does not seem cut and dry to me.

What is the specific nature of the "deception" -- what claim was made, and how is it not being honored?

Don't get me wrong -- I've been bit by this and I hate it and I think Lina Khan has done wonders for antitrust enforcement and I wish that she would take it even further, but the proper body to address this is Congress, through legislation rather than regulation.

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3. BobaFloutist ◴[16 Oct 24 21:21 UTC] No.41863960[source]▶
Paying in advance for a bulk subscription is not the same as an "auto renew", and I think you know that.
4. advisedwang ◴[16 Oct 24 22:11 UTC] No.41864355[source]▶
Right now signing up for Planet Fitness says "No Commitment". It is unfair AND deceptive to say no commitment but make it impossible to cancel.
5. mason_mpls ◴[17 Oct 24 02:58 UTC] No.41866029[source]▶
making it really hard to cancel your subscription is unfair, almost by definition