[braiamp]

The bar should be where changes happen to move in the correct direction easily, while moving in the incorrect direction harder. If the rule was to "force companies to have confusing cancel processes", the rulemaking process would have zero burdens, because the "potential gains" of doing so would be enormous.

[bpodgursky]

> If the rule was to "force companies to have confusing cancel processes", the rulemaking process would have zero burdens

I can't speak to hypotheticals with certainty, but a straightforward reading of this law is that it would have exactly the same regulatory process requirements as the requirement to remove them.

[braiamp]

Except that no one would try to get a lawsuit, since the only ones with standing are the companies affected.

[bluGill]

That is easy to say. However I don't think you can define "correct direction" in a useful way that also gets at what you mean. Every definition you can come up with someone will find a loop hole that fits the letter of your definition, while it is against what you mean.

By putting process in place for rules we give us time to notice bad rule proposals and give us a process to stop them.

[542354234235]

Rules that give leeway to act when consumer costs are estimated to be above a certain threshold, instead of when company costs are below a certain threshold would be a much better, if still imperfect, rule that would satisfy the “correct direction in a useful way”.

Just off the top of my head, you could have a rule that if some business activity is estimated to cost consumers $100 million or more, then FTC can implement it instead of looking at the cost to companies. The “average US household” spends $200 a year on forgotten or unused subscriptions [1], if even 10% of those are due to a lack of click to cancel, that is $2.6 billion per year.

[1] https://thedesk.net/2025/05/cnet-subscription-survey-2025/