Posted elsewhere in this thread but here is the reasoning why from Melissa Holyoak, who voted no. This rule goes further than just the cancellation mentioned in this article and there are some legitimate concerns with that. It is unclear but I think Melissa Holyoak would have voted yes if it was just the cancellation rule.https://www.ftc.gov/system/files/ftc_gov/pdf/holyoak-dissent...
Workaccount2|1 year ago
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ARandomerDude|1 year ago
Her basic points are:
1. The FTC doesn't have the authority to make this rule, and in government there must be a hard line between "I want this" and "this is legal" unless you want a dictatorship.
2. The reason the FTC has so many Congressionally-enacted laws to follow is because of a history of overstepping its legal authority. The more they push the boundary, the less authority the FTC will have in the long-run.
3. The rule is too broad. Broad regulation is bad because it leaves too much legal wiggle-room for violators with deep pockets and smart lawyers. At the same time, small businesses who may be acting legitimately can't know they'll be accused of violating overly broad rules, or afford to defend themselves if they draw government scrutiny.
4. The FTC has a specific procedure it needs to follow for making a rule but they didn't follow that procedure.
5. Because of the above, the rule will be challenged by BigCo and struck down in court, wasting time and harming the FTC's reputation.
I'm hopeful about a "Click to Cancel" future (who wouldn't be?) but it's pretty hard to dismiss those points as "typical pro-business grift".
SoftTalker|1 year ago
It's a dark-pattern underhanded dirty trick when you don't.