Fortune | FORTUNE 前天 03:23
Biden-era FTC rule on ‘click-to-cancel’ blocked at 11th hour because of failure to do preliminary analysis
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联邦上诉法院阻止了一项旨在简化消费者取消订阅和会员资格的“点击取消”规则。该规则原定于生效,要求企业在收取会员费、自动续订费用和免费试用相关费用之前获得客户同意。美国联邦贸易委员会(FTC)认为,企业还需明确告知免费试用或其他促销活动的结束时间,并提供与注册一样便捷的取消方式。然而,法院认为FTC在制定该规则时存在程序性错误,导致规则被撤销。FTC目前正准备针对亚马逊Prime项目的审判,该诉讼指控亚马逊未经消费者同意将其纳入Prime项目,并设置了取消订阅的障碍。

🛑 联邦上诉法院阻止了FTC的“点击取消”规则,该规则旨在简化消费者取消订阅和会员资格的流程。

✍️ FTC的规则要求企业在收费前获得消费者同意,并明确告知免费试用结束时间,提供便捷的取消方式。

⚠️ 法院认为FTC在制定规则时未进行初步监管分析,违反了程序规定,导致规则被撤销。

⚖️ FTC目前正准备针对亚马逊Prime项目的审判,该诉讼涉及未经消费者同意的订阅和取消障碍。

“click-to-cancel” rule, which would have required businesses to make it easy for consumers to cancel unwanted subscriptions and memberships, has been blocked by a federal appeals court just days before it was set to go into effect.

The Federal Trade Commission’s proposed changes, adopted in October, required businesses to obtain a customer’s consent before charging for memberships, auto-renewals and programs linked to free trial offers.

The FTC said at the time that businesses must also disclose when free trials or other promotional offers will end and let customers cancel recurring subscriptions as easily as they started them.

The administration of President Joe Biden included the FTC’s proposal as part of its “Time is Money” initiative, a governmentwide initiative that was announced last year with the aim of cracking down on consumer-related hassles.

The FTC rule was set to go into effect on Monday, but the U.S. Court of Appeals for the Eighth Circuit said this week that the FTC made a procedural error by failing to come up with a preliminary regulatory analysis, which is required for rules whose annual impact on the U.S. economy is more than $100 million.

The FTC claimed that it did not have to come up with a preliminary regulatory analysis because it initially determined that the rule’s impact on the national economy would be less than $100 million. An administrative law judge decided that the economic impact would be more than the $100 million threshold.

The court decided to vacate the rule.

“While we certainly do not endorse the use of unfair and deceptive practices in negative option marketing, the procedural deficiencies of the Commission’s rulemaking process are fatal here,” the court wrote.

The FTC declined to comment on Wednesday.

The agency is currently moving forward with its preparations for a trial involving Amazon’s Prime program. The trial stems from a Federal Trade Commission lawsuit that accused Amazon of enrolling consumers in its Prime program without their consent and making it difficult for them to cancel their subscriptions.

The trial is expected to take place next year.

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取消订阅 消费者权益 FTC 亚马逊
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