Eighth Circuit cancels FTC’s subscription rule

The Eighth Circuit Court of Appeals yesterday nullified the Federal Trade Commission’s Click-to-Cancel rule. The rule addressed unfair and deceptive practices in subscriptions (or negative options marketing). The FTC aimed to remove misrepresentations in subscription practices and to generally make canceling subscriptions as easy as it is to sign up for them. In reversing the new policy which would have gone into effect July 14, the appellate court cited to procedural errors in the rulemaking process.