←back to thread

US Court nullifies FTC requirement for click-to-cancel

(arstechnica.com)
573 points gausswho | 1 comments | 08 Jul 25 22:42 UTC | HN request time: 0.264s | source
Show context
John23832 ◴[09 Jul 25 13:14 UTC] No.44509670[source]▶
What consumer does this serve at all? What citizen does this serve at all?

This only serves to allow firms to erect effort barriers to keep rent seeking fro their customers. The "gotcha" that the Khan FTC didn't "follow the rules making process" is parallel construction.

replies(10): >>44509742 #>>44509759 #>>44510095 #>>44510337 #>>44510719 #>>44510834 #>>44511178 #>>44511684 #>>44511936 #>>44516884 #
caesil ◴[09 Jul 25 14:59 UTC] No.44510834[source]▶
If you actually bother to click through and read the article, you'd find the court expressed sympathies with the intent of the rule, but the FTC "is required to conduct a preliminary regulatory analysis when a rule has an estimated annual economic effect of $100 million or more", and they did not do that.

The blame here belongs to the FTC for its rushed and sloppy process that put the rule on shaky ground legally.

replies(11): >>44510991 #>>44511010 #>>44511221 #>>44511297 #>>44511415 #>>44512154 #>>44512286 #>>44512289 #>>44514076 #>>44514547 #>>44518196 #
rtkwe ◴[09 Jul 25 15:39 UTC] No.44511415[source]▶
Depends on how accurate you think the >$100 million estimated impact from the lower court is. When the FTC did the analysis they came up with a lower impact so they didn't have to do it. I'd be more willing to believe they got it right than a single judge did.
replies(4): >>44511710 #>>44512060 #>>44512807 #>>44512880 #
kristianbrigman ◴[09 Jul 25 17:45 UTC] No.44512880[source]▶
Why does it matter? As far as I can tell () the law asks the FTC to do an estimate, they did, and now the argument was ‘some one else thinks it’s wrong’. But does the law require an actual estimate?

If they are worried about this… either mandate some third party do the estimate, or mandate the study. This is just confusing.

() - of course I haven’t read the actual law or ruling yet…

replies(1): >>44523962 #
1. rtkwe ◴[10 Jul 25 18:20 UTC] No.44523962[source]▶
The FTC did their estimate, it came out to less than $100 million so they, to their estimation were not required to take the additional steps of some types of impact analysis and the required comment period etc about it, the courts are disagreeing with the FTC and kicking the rule out. They only have to do that extra step when the economic impact would exceed $100m USD.