'Click to Cancel' Rule Hardly Specific, Petitioners Tell 8th Circuit
Section 18 of the FTC Act, which gives the agency power to establish rules that specifically define deceptive acts or practices, limits its rulemaking ability, and "click to cancel" is anything but specific, since it applies to a lot of…
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contracts across the economy, petitioners told the 8th U.S. Circuit Court of Appeals on Friday. NCTA and others are challenging "click to cancel" (see 2411220029). In a reply brief (docket 24-3137) to the FTC's response (see 2503170039), the petitioners said the FTC hasn't identified instances of problems commensurate with the rule’s economy-wide scope. They said the FTC's response also doesn't address the arbitrary and capricious aspects of the rule, such as how the agency downplayed the effects of the rule. There's no legal authority backing the FTC's request that the court limit relief to certain parts of the rule or to certain parties, they added.