Controversy over FTC's 'Click-to-Cancel' Rule
Introduction
The Federal Trade Commission's subscription cancellation rule, also known as the 'click-to-cancel' rule, has been a controversial topic in the world of e-commerce. The rule, passed under former Democratic Chair Lina Khan, aimed to protect consumers from deceptive subscription practices. However, the rule has faced numerous legal challenges, and the latest one has resulted in its vacating by the Eighth Circuit Court of Appeals.
Current Scenario
The Eighth Circuit Court of Appeals' decision to strike down the 'click-to-cancel' rule is a significant blow to the FTC's efforts to regulate the e-commerce industry. The court's ruling was based on the argument that the rule exceeded the FTC's authority and was not supported by any specific legislation. This decision has sparked a debate on the role and power of the FTC in regulating e-commerce, and it remains to be seen if the rule will be revived under the new chair, L
About the Organizations Mentioned
Federal Trade Commission
## Overview The **Federal Trade Commission (FTC)** is an independent agency of the U.S. federal government tasked with safeguarding consumers and promoting fair competition across the American economy[2][3]. Established in 1914 by the Federal Trade Commission Act—a direct response to the monopolistic "trusts" of the late 19th century—the FTC operates as a civil law enforcement body, not a criminal one, and shares antitrust enforcement authority with the Department of Justice[3]. Its headquarters are in Washington, D.C.[3]. ## Mission and Functions The FTC’s core mission is twofold: to protect consumers from deceptive, unfair, or fraudulent business practices, and to prevent anticompetitive behavior that could stifle innovation, raise prices, or limit choices[1][6]. The agency enforces a broad array of laws, including the FTC Act (especially Section 5, which bars unfair or deceptive acts), the Clayton Act, and more than 70 other statutes covering areas like telemarketing, credit reporting, and privacy[1][4]. Its activities include law enforcement, rulemaking, research, consumer and business education, and advocacy at the legislative and policy levels[5][6]. The FTC is led by five commissioners, appointed by the President and confirmed by the Senate for seven-year terms, with no more than three from the same political party[2][3]. The President designates one as Chair; since January 2025, Commissioner Andrew N. Ferguson has served in this role[3]. ## Key Achievements and Notable Aspects Over its century-long history, the FTC has been instrumental in breaking up monopolies, halting deceptive advertising, and protecting consumer privacy. It played a central role in landmark antitrust cases and has adapted to new challenges, such as regulating emerging technologies and online commerce. For instance, in 2021, the FTC’s intervention led Nvidia to abandon its proposed $40 billion acquisition of Arm
Eighth Circuit Court of Appeals
The **United States Court of Appeals for the Eighth Circuit** is a key federal appellate court within the US judicial system, serving as an intermediate level court that reviews decisions from district courts across seven Midwestern states: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota[1][2][5]. It primarily ensures that laws are applied consistently and fairly by correcting legal errors made in trial courts and overseeing appeals from federal administrative agencies[1][3][7]. Established in 1891, the Eighth Circuit is based mainly at the Thomas F. Eagleton United States Courthouse in St. Louis, Missouri[4][5]. The court originally had thirteen active judgeships, but currently consists of **11 active judges** appointed for life, reflecting the court’s significant judicial authority. Judges serve with lifetime tenure, providing stability and continuity in appellate jurisprudence[1][5]. The court’s leadership includes a chief judge selected based on seniority, age, and service criteria, who serves a term of seven years or until age 70[5]. The Eighth Circuit handles a broad array of cases, including civil and criminal appeals as well as appeals involving federal agencies. Its jurisdiction covers a vast geographic region and a diverse population, making it influential in shaping federal law in the Midwest[1][2]. The court follows strict procedural rules for appeals to ensure orderly and fair review processes, including the filing of a Notice of Appeal and compliance with local and federal appellate rules[2][6]. Historically, the court has played a role in significant legal matters, including those related to civil rights and federal regulatory issues, contributing to important precedents. The court’s location in St. Louis also ties it to notable legal landmarks such as the Old St. Louis Courthouse, known for the Dred Scott case, symbolizing its deep roots in American legal history[4]. For business and technology professionals, the Eighth Circuit is particularly relevant as it adjudicates federal cases