“An utter failure to comply with notice and comment cannot be considered harmless if there is any uncertainty at all as to the effect of that failure.”
The Eighth Circuit killed the FTC’s click-to-cancel rule on a procedural technicality. The FTC didn’t do the required cost analysis after an ALJ found the rule would cost more than $100 million annually. So companies can keep making you jump through hoops to cancel subscriptions. The current Republican-led FTC has zero interest in trying again. Every corporation that makes cancellation deliberately painful just got a free pass for the foreseeable future.