3 ms·
> This decision is the result of a biased and broken system where the Commission serves as accuser, judge, jury, and then appellate judge all in the same case
by bsimpson 3y ago
> This decision is the result of a biased and broken system where the Commission serves as accuser, judge, jury, and then appellate judge all in the same case
Interesting argument, but also a distraction from "we lied in advertising."
> It could also clearly disclose the percentage of customers that actually do qualify for the free service, somewhere close to the “free” claim advertised, the commission said.
They ran an ad during the 49ers game this weekend, centered around it being free for the character in the ad. I'm guessing that's how they'll work around this.
- MBCook 3y agoBills game too. I noticed it because I thought they were already banned. It was much more clear it wasn’t free for everyone than the old “free free free free” ads, but still heavily emphasized the free part.
- mardef 3y agoTheir phrasing is specific to align themselves with the current supreme Court review of deference. They'll likely delay until that decision has come down and they hope they can just claim the laws were unconstitutional in the first place. https://www.scotusblog.com/2024/01/supreme-court-to-hear-major-case-on-power-of-federal-agencies/ https://www.scotusblog.com/2024/01/supreme-court-to-hear-maj...
- granzymes 3y agoRight idea, wrong case. The relevant case this term is SEC v. Jarkesy, which presents some of the "Federal agency adjudication is unconstitutional" arguments. The FTC brought this suit in-house before their own Administrative Law Judge, which is what TurboTax is protesting. The two cases related to Chevron deference also implicate agency power, but they implicate agency power in the actual courts. https://www.scotusblog.com/2023/11/justices-to-consider-multi-pronged-constitutional-attack-on-sec/ https://www.scotusblog.com/2023/11/justices-to-consider-mult...
- fyrn_ 3y agoHonestly, not thsg interesting of an argument to me as a citizen. This is exactly the kind if thing I want the FTC to have the power to handle without getting tied up in court for 15 years like everything else seems to. Far to easy for a corp to delay while it pays otherwise.