US Court nullifies FTC requirement for click-to-cancel

(arstechnica.com)

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bpodgursky ◴[09 Jul 25 02:56 UTC] No.44505969[source]▶

From 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 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-...

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skort ◴[09 Jul 25 07:07 UTC] No.44507085[source]▶

>>44505969 #

It's interesting that businesses can build an obviously toxic subscription model that robs consumers of both money and time, but when asked to change it now we have to consider their costs.

I understand the idea behind the threshold for changing rules but this still feels very broken. There is a constant struggle of having to do everything perfectly to make any positive progress, but bad actors can operate however they like with seemingly little repercussions.

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avhception ◴[09 Jul 25 08:07 UTC] No.44507409[source]▶

>>44507085 #

While I share your frustration, I don't think we should lower the bar for positive progress. Because that's how one becomes a bad actor themselves.

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immibis ◴[09 Jul 25 09:26 UTC] No.44507905[source]▶

>>44507409 #

When bad actors have a low bar but good actors have a high bar, the country is bound to collapse. Look at how many rules the current regime is flouting. But the other side has to dot every i for some reason.

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1. roenxi ◴[09 Jul 25 11:11 UTC] No.44508563[source]▶

>>44507905 #

Are we still talking about click-to-cancel here? There aren't 'other sides' in any meaningful sense on this sort of administrative decision. There is a solid consensus that people shouldn't have to pay for subscriptions they don't want and a couple of broadly inconsequential points to debate on how to implement it.

This is exactly the sort of situation where just following all the rules and procedures is fine and it doesn't, within a pretty broad range of outcomes, who gets final say.

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2. fireflash38 ◴[09 Jul 25 11:25 UTC] No.44508665[source]▶

>>44508563 (TP) #

The "other side" here is the political group that is consistently anti-regulation, anti-consumer, anti-government.

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3. bluGill ◴[09 Jul 25 13:13 UTC] No.44509656[source]▶

>>44508665 #

The "other side" does not consider themselves anti-consumer. You disagree with them on what anti-consumer means, but they have their own reasons to consider their position pro-consumer and you are doing debate a disservice by ignoring that.

They do consider themselves anti-regulation and anti-government in general, but they are not (mostly) anarchists, they do agree with some regulation and government, they just want the minimum possible and thus place a high bar on how bad the alternatives must be before they will agree to regulation/government.

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4. avhception ◴[09 Jul 25 19:55 UTC] No.44514164[source]▶

>>44508563 (TP) #

I for one was definitely speaking about the general case, not this particular case. My point was that due process is not, generally speaking, a bad thing - even if it means that "progress" is sometimes a little slow to come by.

5. avhception ◴[09 Jul 25 19:59 UTC] No.44514194{3}[source]▶

>>44509656 #

Thanks for chiming in and pointing this out. I, too, am frustrated by the setback of this nullification.

In my original comment, I was talking about the general case for due process. "Progress" is almost as useless a category as "good" and "bad".

Debates have become astonishingly partisan.

6. immibis ◴[10 Jul 25 09:31 UTC] No.44519058{3}[source]▶

>>44509656 #

Do they actually consider themselves pro-consumer, do they lie and say that, or do they keep quiet about it and let you assume that?

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