Comment by sokoloff

The FTC was not given unlimited rule-making power by Congress, and has to live within the power granted to them.

Issuing an NPRM (Notice of Proposed Rulemaking) and conducting a regulatory analysis for certain rules are examples of such limits. The FTC did not follow the second (as was required) in this case.

Whether I happen to agree with the change they enacted (I do) doesn’t change the fact that I want my government agencies to follow the rules laid out for them. Because as surely as the sun rises in the east, sooner or later they’ll propose a rule I don’t agree with and I want there to be a lawful process and framework in place then, and therefore also now.