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.
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?
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.
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.)
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)
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.)