Washington – The Computer & Communications Industry Association has filed a response to the FTC’s request that the brief filed by CCIA, NetChoice, and Chamber of Progress not be shown to the judge presiding over the agency’s claims against Amazon for allegedly deceptive subscription practices. The FTC wants to block all four amicus briefs that were filed in support of dismissing the case.
CCIA and its co-amici told the court that “the FTC’s attempt to prevent the Court from reading amicus briefs rests more on the fact that the agency does not agree with amici’s positions rather than on applying the legal standards for amicus participation.” The brief went on to note that “it would be regrettable if the FTC were to succeed in silencing Joint Amici’s voices as to the dangerous portents of this lawsuit.”
A diverse range of organizations had filed briefs expressing concerns about the precedent the FTC’s case could set if it were allowed to proceed. CCIA and it co-amici forcefully raised these concerns in their earlier amicus brief, which explained the dangers of the FTC attempting to obtain relief based on regulations it had yet to adopt.
The following can be attributed to CCIA Senior Vice President and Chief of Staff Stephanie Joyce:
“The FTC’s lawsuit against Amazon is not based in the law and threatens the availability of subscription arrangements that give consumers a seamless, convenient shopping experience. That is the message the FTC does not want the court to hear. CCIA and its co-amici should not be prevented from providing the Court a broader perspective of the dangerous portents of this case.
“The agency’s opposition to hearing the views of any third party is extraordinary. Federal courts routinely welcome the input of organizations that have pertinent expertise and can speak to the policy implications of litigation. Our input on the dangerous precedent this case would set should be heard.”