OH NO! 28 State AGs Just Weighed in on the FCC’s NPRM and a Certain Founder of our Nation is Grumpy About It…

Where did these guys come from?

Just when it looked like R.E.A.C.H. had wrestled NCLC and PK to the ground and was well positioned to claim victory in the pending FCC NPRM proceeding, a pack of Attorneys General came out of nowhere to support the bulk of PK’s position.

Indeed, their comment is very aggressive–AND VERY EXTREME:

the Commission’s rules should not be amended to permit web-based consent from one consumer to apply to multiple sellers, even sellers of logically or topically related services.


Now let me just pause here for a moment. I really don’t like it that an executive agency ENFORCEMENT outfit–like an AG–is weighing on a policy debate before an independent agency leveraging legislative power.

When the police tell lawmakers what the law should be you’re generally in really big trouble.

Don’t believe me? How about this guy:

A very intense Madison helped found this country.

He wrote in something called the Federalist Papers–something to do with founding a country or the like-that when the folks who enforce the law start writing the law you’re in for the “very definition of tyranny.”

I guess that’s my polite way to say– if you’re in the business of bringing enforcement actions probably don’t weigh in on policy debates. Your job is to FAITHFULLY EXECUTE the laws–NOT to write them.

Regardless, the AGs seem to want to put more than just a thumb on the scale here, telling the Commission it needs to impose E-SIGN act requirements on lead generators and limit consents to one to one ONLY.

I will say, I don’t think the AGs have standing to reply since I am pretty sure they did not comment to begin with. But that probably won’t stop the FCC from weighing their words–special treatment?– which should send a chill down everyone’s spine.

Make no mistake, I love the AGs and when they go after bad guys it makes me happy as a clam. Indeed, we NEED strong regulatory enforcement of CLEAR rules that help delineate the good actors from the bad. But I just get very uneasy when executive branchers start weighing in on policy decisions. Like really really uneasy.

You can read the entire comment here:  AG Comment

We will keep a very close eye on this.


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