On October 16, 2024, the Federal Trade Commission issued it Negative Option Rule over the dissents of two Commissioners. Contrary to the comment WLF filed along with a coalition of legal-policy groups, the Rule grants the Commission authority to seek redress and civil penalties for businesses that fail to follow the Rule’s mandates. In her dissent, Commissioner Holyoak agreed with the comment that the FTC did not follow FTC Act Section 18’s procedural requirements for rulemaking. The comment was prepared by Tech Freedom’s Berin Szóka.
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