Visa's marketing opt-out has been down for over a week. Is this a legal issue?
marketingreportoptout.visa.com
marketingreportoptout.visa.com
https://www.ftc.gov/business-guidance/resources/can-spam-act...
As long as the opt-out page is broken, they should not be sending out marketing emails and could be open to a class-action lawsuit from people they email with no ability to opt-out.
Though I can't access it, I don't think that's what it's for. I believe it's for opting out of having your credit-card purchase history used for marketing purposes (i.e. sold to other companies, not for Visa itself to send you marketing emails).
>U.S. cardholders may opt out of Visa using their card transaction data for VAS, a suite of aggregated data products in the US.
(from the first result on https://www.google.com/search?channel=fs&q=visa+marketing+re... , which points to the same subdomain on visa.com)
CAN-SPAM does not grant standing to individuals. The only recourse individuals have under CAN-SPAM is to report the violation to the FTC and hope the FTC does something about it.
Lack of FTC action is causing you material harm , or is there immunity against FTC as well?
You can petition them, certainly. Individuals and business are not able to sue the FTC.
Judicial review doesn't generally let you sue the Government to obtain redress for injuries; it is for enforcing the people's Constitutional rights where the Government is stepping out of bounds. It doesn't let you, say, sue the FTC to get them to do their job.
(This is second-year Constitutional Law, BTW.)
I noticed I was getting billed by AT&T for South Carolina taxes when I'd been living in Oregon for 3 years. Literally hadn't left the state of Oregon since I'd arrived.
I added up the fees in a spreadsheet and it came out to $51. I called AT&T and fought with their customer support who offered me "as a one time courtesy refund $25" and escalating to a manager wouldn't change that.
I submitted a complaint to the FTC, and not long after I got multiple calls and voicemails from AT&T "Executive Customer Service" or something, and when I finally took the call they breathlessly offered me a full refund for the exact amount right up front with no haggling.
It was remarkable.
Can you believe they called ME to fix their fuckup? And then paid me?
Could you imagine if that was the level of customer service you always got?
So out of sheer loyalty I immediately switched to Ting and have saved thousands of dollars since.
My guess is the number of complaints resolved is tied to somebodies bonus.
That is the key. Does the web page being down mean that there is no way to opt out? Or is it just more difficult? The page you linked says: "Give a return email address or another easy Internet-based way to allow people to communicate their choice to you." Take note of the "or" in that statement.
So as long as they check replies within 10 days, they seem to be OK. If they fail to do so, maybe there is a problem. FWIW, I'm in agreement that this link being down is not good. But there is not enough info to hazard even guessing whether this is a violation of law.
(And now that I think of it, we aren't even citing the law, we are talking about a summary of the law that is posted online.)
Might be hard to do without incurring the ire of the state, whose allegiances will probably not lie with the bearded fat man spamming Visa's webforms with the contents of their own emails or whatever.
Bank of America's website would let you change account numbers in the URL bar after logging in and see someone else's account. The CFAA was on their side.
"In some countries, Visa enhances card transaction data and uses it to generate anonymised and aggregated consumer spending and marketing reports and other data products that enable companies to improve their marketing efforts. These solutions help companies identify consumers that they can target."
https://www.consumerfinance.gov/complaint/
California residents: https://oag.ca.gov/contact/consumer-complaint-against-busine...
EU Residents: https://ec.europa.eu/info/law/law-topic/data-protection/refo...
(i cannot say for sure if/what regulatory impacts this might have; let regulators know, let them figure it out, that's why they exist)
They randomly will say that I can't be verified, and I need to snail mail them copies of a bunch of identifying documents to get my credit report. I imagine this is a common issue, and somehow still satisfies their requirement to offer the annual credit report online.
When it came time for my "real" credit report to be run, however, there was no problem at all verifying my identity or getting the accurate information. Weird, huh?
What can we do about it? It feels hard because for any given individual they can say: "the problem is you, not us." We'd need some sort of aggregate data to prove that there's something systematic going on.
Somehow each time that I go to do a hard credit check, they are able to provide a credit score for the lender however.
It's possible that your situation being so simple is exactly what makes it hard for them to be confident that the requestor is you.
You know, in theory this sounds reasonable. However:
- these organizations are grossly incompetent (is there anyone left in the US who has not had their data leaked by a credit bureau?)
- the incentives are very badly misaligned (it is our data, but we are not their customers, other corporations are, and they only provide this service because the law requires it)
I'm going to hazard a guess that it's just really crappy software that's causing this.
MasterCard's MasterPass service's website in Ukraine[1] had it's certificate expired like half a year ago and has only been renewed a few days ago. Meanwhile the customer support assured customers that MasterCard is doing everything possible to fix the issue.
Six months to renew SSL cert...
When has power ever been limited? Certainly not in any communist society that’s existed so far, nor under feudalism, or even earlier capitalist societies to my knowledge (did the Roman’s not have this problem?).
The "late" meant something like the type of capitalism that emerged out of ww2, characterized primarily by post-colonial global trade networks. That's quite a bit in the past for us, but "late" by the standards of an ideological tradition that started in the 1800s. Even still, of all your questions, this is the one that has changed meanings perhaps the least in the last 80 years or so. That's because a lot of the things that characterized "late stage capitalism" in the mid 20th century are still with us, and perhaps intensified. If it helps, think of "late stage" as "post-colonial + globalization + financialization". In contrast to the much more mixed political economies of Europe in the 1800s. Or, for an even more modern usage, you might read it as "jet-setting billionaires and the MBAs that manage their factories and open offices". That's the vibe it's supposed to give off, I think.
The "collapse?" and "what's next?" questions sort of have standard Marxist answers (or, at least, standard delineated lines of debate within mid-century Marxism, from what I understand). Careful dispassionate reading the Communist Manifesto... like, the way you would read Plato or Hegel or whatever... can give you a general sense for why "collapse" plays an important role in Marxist theories and what Marxists generally suspect is "next". (Namely, alienation of workers and a resulting violent revolution of the working class against folks who own/control capital.)
nb, I'm not really sure that most people using the term now have much -- if any -- background in Marxist economics/philosophy. I think for the average user, these terms function roughly the same way as "critical race theory" does on the social right. If that makes sense.
So, the "late" retains real descriptive meaning relative to 1800s/early 1900s capitalism, but the "collapse" and "what's next?" have sort of drifted from their original answers and probably play a more rhetorical than literal role these days. Like CRT. No one knows what they mean. They are shibboleths for "change is needed and inevitable", with no specifics for what or how.
Hope that helps.
The vibe is one where you have :searching for something accessible: a hunger games approach where society is driven towards exploitation rather than the sustenance and growth of the majority.
In general however, its dangerous to think "its always been this way". I would argue societally we've been in a continuous struggle between the two and there are many moments in the recent past where the US was building a more egalitarian society than found elsewhere, despite the rampant incessant racism that existed.
Public schools and libraries, the rise of unions and creation of the wknd, stopping child labor, centralized mailing systems, well managed interstates, growth of home ownership, social welfare, and for a moment really great emergency care at hospitals, had moments of real existence and came together in combinations rarely seen outside of the USA.
Assuming things have always been kind of shit and are likely to just get shittier takes us all off the hook far too easily imo.
I've seen this same mindset that you're pointing out.
However, I don't think that it is usually used to "let people off the hook" - most of the time that I've heard it used (a bunch of times in real life, not just on the internet), the subtext is "...and so we should replace the current government with another [highly authoritarian, non-constitutionally-limited] one that can fix these issues, either through voting for an extreme candidate/party, or straight-up violent revolution".
That might be just my experience, though - I went to a university with a significant anarcho-communist group in the student body.
The interesting thing to me is that this kind of attitude has become dominant across the spectrum of political ideology, in just the space of a few years. A large number of people, or at least the most vocal ones, now seem to support an authoritarian extra-constitutional goverment, they just differ on who they think should be crushed first.
I do see two dying parties unwilling to rejuvenate leadership in the fear that it will lead to additional (and I do mean additional) socialist tenants being infused into our version democracy.
However I'm not sure I see a lot of people on the left looking to dismantle voting rights, the US postal service, the EPA or department of the interior, the supreme court, etc. The last time the supreme court was dragged into an election for example was bush v gore.
I won't go so far as to say that capitalism has more controls to mitigate this effect, since I think there is a fair point to be made that we do need to start checking the power of corporations, and those controls have not so far presented themselves without assuming government intervention.
In fact, I'd argue capitalism is generally better tuned for this because it decentralizes power. It's much easier for the government to regulate someone else than to regulate itself.
Now if we could solve campaign finance issues, then corruption would be dramatically lessened.
The question isn't really whether power has been "limited" (it's unclear to me what that would even mean, honestly), but the form in which it is constituted and what institutions it rests with. Like, it's pretty clear that the institutions which control and manage daily life and politics in 21st century America are of a much different character than the ones of the mid-20th century USSR, which are again much different than, say, 16th century Europe or what have you.
> did the Roman’s not have this problem?
I'm relatively confident that Roman society did not have to contend with the accumulation of power by multi-national corporate bodies and the relative weakening of democratic institutions that results, nor the degree to which such corporations are able to leverage 21st century technology to exert control over individuals' lives.
Roman was absolutely multinational. I don’t think it had corporations, but rather the entire empire acting as a single business… which is even worse.
The way power evolves from ancient times, to middle ages, to modern times and finally contemporary times, how the institutions of capitalism are different in form, but not in essence from the institutions of feudalism and other themes are a central topic of Marxist theory.
You seen to agree with him about the root of the exploitation problem, but GP is also right in that there are differences on how the institutions operate and how advanced they are in comparison to those of the past. These new institutions and techniques and dynamics require different tools for analysis.
I certainly think so. I think many of the way in which modern institutions exert power over individuals are of a fundamentally different nature compared to, say, slave economies, or the pre-reformation Catholic church, or the Aztec empire, or whatever. In particular:
> If anything, it seems like there are more ways that power is limited in current America than 16th century Europe or the USSR.
I half-agree here. I don't really think "power" is a one-dimensional scale where you can strictly order societies in terms of the degree to which it exists. Take, for instance, the way in which advertising companies are able to leverage their understanding of psychology and their fine-grained control over media content to directly shape our desires and emotions; these are tools which flat out didn't exist 100 years ago, and represent a mode of control which seems orthogonal to, say, a monarch ordering a summary execution of one of their subjects. These aren't theoretical distinctions, either: recognizing them can help point us in the right direction when trying to imagine what a better world looks like, and is useful for understanding what the available avenues of resistance and change even are.
In the Gilded Age, Congress passed the Sherman Antitrust Act and later created the FTC.
In 1941, Supreme Court Justice Louis Brandeis wrote: “We can have a democratic society or we can have the concentration of great wealth in the hands of a few. We cannot have both.”
Then in the 1970s the Supreme Court nerfed the Sherman Act, and it's all been downhill from there.
When we cried "Taxation without representation", shot them, and kicked them out of our country. This is literally the reason for the second amendment.
>U.S. cardholders may opt out of Visa using their card transaction data for VAS, a suite of aggregated data products in the US.
>ah cos big corps just do what they want with no penalties unless they piss off enough people that the politicans feel like they need to make a point.. ...we're well into gangster capitalism now
This is just a lazy comment.
Quite simply everytime one of these stories comes up big corp breaks the law...is anyone going to do anything about it...The answer is pretty much always no not even fines...
Even something where a CEO admits intentionally breaking the law not much has happened. No talk of jail time? https://www.ft.com/content/3fbc5918-ad04-4003-8e09-3df12d7dc...
I think maybe I'm jaded with 'it's illegal'. If the law is not enforced it doesn't matter.
(If it's a sub-dollar fine over revenue, it will probably be around $20 on profits, what just moves the needle from the cost of home-made coffee to an airport coffee.)
For example, a $10 fine to a company w/ a net loss but $1B in revenue is clearly not a large fine.
No dont do it with profit. You can just reinvest all your actual profits in the business and then on paper have a very small profit or even show a loss.
What are your thoughts on RIAA suing people for $20,000/song? Appropriate fine since it's large against a person's income, right?
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visa.com. 284 IN SOA ns1.dnsvisa.com. premiumdns.support.neustar. 2019108493 600 300 1209600 300But these same companies are already issuing 100% chip-and-pin (plus tap) cards in every market other than the US.
If you want to blame anyone, blame the vendors of US ATMs and POS systems. Without their support, and a willingness to push through a deprecation/replacement of older hardware, chip-and-pin cards are pointless, because nothing reads them. (I would know, as a Canadian with a chip—and-pin card who frequently visits the US.)
There are even places with no swipe, where we can only use chip.
Citation please? I haven't seen a non-chip-and-pin card issued here in the US for at least 5 years (probably even longer), and that includes my tiny local bank..
They all have chips. None of them have chip-and-pin.
True chip-and-pin cards and terminals will generate a cryptogram that authenticates the individual transaction. You type in the PIN code, and only then will the terminal communicate with the EMV microchip in the card and allow the transaction to complete.
The magstripe is there for old POS systems and the off chance the chip can’t be used (dirty contacts), but the reader has to allow you to use the strip. And that only happens after multiple (about 3) failures.
I always thought that its absence in the US (until pretty recently) was a cultural thing, not a technical thing.
The credit card companies (i.e. Visa) don't reimburse fraud, they leave that to the issuing banks (i.e. Chase, Capital One, etc.... whoever you got your card from)
I used to think that (and maybe it was true once), but haven't found that to be the case, I've had far better experience from Chase for my Sapphire card.
My wife recently ran into a problem with a booking through Amex's own travel service, the hotel said they had a reservation, but not payment, but we paid for the room at Amex travel. So we figured no problem, just pay the hotel directly (their rate was even lower than Amex) and call Amex to have them remove their charge.
It took 5 calls over several days to finally talk to someone who could help, and it still took 3 days for the charge to be reversed. And this is for a Platinum card.
Visa/MC can afford to just not care, because there’s always someone else who’ll pick up the tab. Which simply is not an option for AmEx.
https://www.google.com/search?q=what+is+amex+doing+wrt+russi...
American Express Suspends Operations in Russia and Belarus
XFINITY's email marketing system has been ignoring opt-outs for years and nothing has or will ever happen.