The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) “Click-to-Cancel” rule on July 8 noting the FTC failed to follow required procedures under the FTC Act during the rule-making process. The entirety of the rule was scheduled to go into effect on July 14. The government could petition for en banc review (a bigger panel of circuit judges reviewing this decision), before then appealing to the Supreme Court; however, en banc petitions are rare, so most likely the next step would be to ask the Supreme Court to hear the case. The decision may also force the FTC to restart its rule-making process. The Alliance will continue to keep you apprised.
