The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) “Click-to-Cancel” rule on July 8 (click to read the decision) noting the FTC failed to follow required procedures under the FTC Act during the rule-making process.
Holly Lubart, Vice President of Government Affairs for the News/Media Alliance, said the entirety of the rule was scheduled to go into effect on July 14.
Lubart said 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. Watch for more updates from the Alliance about the Click-to-Cancel rule.
