[HN Gopher] FTC files new antitrust complaint against Facebook
       ___________________________________________________________________
        
       FTC files new antitrust complaint against Facebook
        
       Author : dmix
       Score  : 335 points
       Date   : 2021-08-19 16:04 UTC (6 hours ago)
        
 (HTM) web link (www.ftc.gov)
 (TXT) w3m dump (www.ftc.gov)
        
       | theptip wrote:
       | The tone of the FTC's post is quite aggressive:
       | 
       | > FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to
       | Crush Competition After String of Failed Attempts to Innovate
       | 
       | Ouch.
       | 
       | It's important to analyze this in the context of the initial
       | complaint, which was rejected because they didn't show enough
       | evidence of a monopoly (and many commenters here questioned that
       | assertion too, discussed many times, but here for example:
       | https://news.ycombinator.com/item?id=27666439). This amended
       | complaint seems to make their claims more explicit.
       | 
       | Note that if I'm following correctly, the main thrust of the
       | complaint is not that they are a monopoly now, it's that they
       | were in the early 2010s, and they abused that monopoly position
       | at that time. Though they do also spend some time making the case
       | that they currently have monopoly power, I'm not sure that they
       | need to substantiate monopoly in 2020; they might just need to
       | substantiate it in 2012 (Instagram) and/or 2014 (WhatsApp).
       | 
       | > By 2011, Facebook was touting to its advertising clients that
       | "Facebook is now 95% of all social media in the US."
       | 
       | I find that more specific argument much more convincing, although
       | I'm convincable that they have a 2020 monopoly too.
       | 
       | > According to the amended complaint, a critical transition
       | period in the history of the internet, and in Facebook's history,
       | was the emergence of smartphones and the mobile Internet in the
       | 2010s. Facebook's CEO, Mark Zuckerberg, recognized at the time
       | that "we're vulnerable in mobile" and a major shareholder worried
       | that Facebook's mobile weakness "ran the risk of the unthinkable
       | happening - being eclipsed by another network[.]"
       | 
       | > After suffering significant failures during this critical
       | transition period, Facebook found that it lacked the business
       | talent and engineering acumen to quickly and successfully
       | integrate its outdated desktop-based technology to the new era of
       | mobile-first communication. Unable to maintain its monopoly or
       | its advertising profits by fairly competing, Facebook's
       | executives addressed this existential threat by buying up the new
       | mobile innovators, including its rival Instagram in 2012 and
       | mobile messaging app WhatsApp in 2014
       | 
       | > The amended complaint bolsters the FTC's monopoly power
       | allegations by providing detailed statistics showing that
       | Facebook had dominant market shares in the U.S. personal social
       | networking market.
       | 
       | The detailed claims seem to be found around paragraph 180 in the
       | filing (https://www.ftc.gov/system/files/documents/cases/ecf_75-1
       | _ft...). This cites Comscore numbers, does anyone know if they
       | are any good?
       | 
       | Also, another claim might be that TikTok is a viable competitor;
       | they claim TikTok is in another market:
       | 
       | > TikTok is a prominent example of a content broadcasting and
       | consumption service that is not an acceptable substitute for
       | personal social networking services.
       | 
       | It seems that a lot of antitrust complaints come down to where
       | you draw the dotted line of the "market" in which they compete.
       | This seems quite technical and IANAL so I'll just note this as
       | interesting, without opining.
        
       | Calvin02 wrote:
       | > After failing to compete with new innovators, Facebook
       | illegally bought or buried them when their popularity became an
       | existential threat.
       | 
       | Illegally bought or buried them?
       | 
       | 1) FTC approved all the mergers. So, it is surprising that they'd
       | say that these were illegally bought.
       | 
       | 2) Facebook seems to be operating all key acquisitions (Instagram
       | and WhatsApp) as separate products and hasn't made their usage
       | conditional to having a Facebook account.
       | 
       | This is re-writing history and it is just as dangerous when the
       | FTC does it as it is when a political party does it.
        
         | ajoseps wrote:
         | I thought Instagram and Facebook were tied/unified under a
         | single account now
        
           | mgraczyk wrote:
           | Linking accounts is optional, and combined cross account data
           | is used when they are linked. Otherwise, subsets of the apps
           | may or may not "know" about the link between your accounts
           | via your phone number, email address, or access patterns.
        
             | [deleted]
        
           | srhngpr wrote:
           | they are not. you can do cross-messaging between FB and IG if
           | both parties have accounts linked, but otherwise you can have
           | an IG account that is not linked to FB.
        
             | radicalbyte wrote:
             | Instagram.com tries to execute a script from Facebook.com.
             | 
             | So your data is almost certainly linked.
        
               | asdfasgasdgasdg wrote:
               | The origin of a script of unknown functionality to be
               | executed on the client can only tell you so much about
               | the linkage of accounts on the backend.
        
               | radicalbyte wrote:
               | It tells the site owning the endpoint at which the script
               | it hosted your current IP address and in most instances
               | the site you visited (referrer).
               | 
               | Large internet companies can combine this information
               | across other properties / sources to have a very good
               | idea of who you are.
        
               | asdfasgasdgasdg wrote:
               | Internet companies of all sizes can do all sorts of
               | things to identify you. Instagram could also do things
               | server side to link your accounts without any scripts
               | from other origins. The fact a script from FB.com is
               | loaded tells you zero information about account linkage.
        
         | dessant wrote:
         | Facebook lied about its intentions to keep Instagram and
         | WhatsApp user data fully independent, and in that light the FTC
         | is reevaluating its position.
        
           | mgraczyk wrote:
           | That isn't true. Did you read the complaint?
           | 
           | https://www.ftc.gov/system/files/documents/cases/ecf_75-1_ft.
           | ..
           | 
           | It specifically discusses the 2012 consent order, approved by
           | the FTC, in which it penalized Facebook and allowed future
           | uses consistent with the consent order. It's not relying on
           | that as a basis for reevaluating the legality of the mergers.
           | 
           | The complaint does not explicitly describe why the FTC has
           | changed its mind, but the general idea seems to be that over
           | time Facebook has demonstrated a pattern of buying
           | competitors that wasn't apparent to the FTC in 2012 or 2014.
           | It has nothing to do with data per se.
        
           | yalok wrote:
           | did they really promise that with Instagram? and as for
           | WhatsApp - they do keep that promise, user data is separate.
        
             | josefx wrote:
             | Wasn't there a larger change to the privacy policy of
             | WhatsApp that stated otherwise?
        
             | joecool1029 wrote:
             | Yeah, no: https://www.wired.com/2016/08/whatsapp-privacy-
             | facebook/
             | 
             | This year they were pushing to expand more data sharing
             | between the platforms, but the profiles have been linked
             | internally by phone number for years now.
        
         | gentleman11 wrote:
         | Facebook also lied about requiring a Facebook account on
         | oculus. Now they have cameras and microphones in peoples homes
         | and a spectacular privacy history
        
         | hardtke wrote:
         | There is a link to a dissenting opinion from one of the
         | commissioners specifically calling out your first point [1]
         | 
         | [1]
         | https://www.ftc.gov/system/files/documents/public_statements...
        
       | nikkinana wrote:
       | Another shakedown with a big payday for the liberal elite
       | politicians. bravo!
        
       | irfn wrote:
       | Who even has that much money to buy them?
        
         | elliekelly wrote:
         | They could spin off Instagram and/or WhatsApp into separate
         | (perhaps publicly traded) companies.
        
       | Snitch-Thursday wrote:
       | I know it's just boilerplate that probably goes on a lot of news
       | articles, but I find it so ironic that they are releasing a press
       | release about ongoing legal action against Facebook, yet include
       | the below call to action to 'like' them on that very same
       | website!
       | 
       | > The Federal Trade Commission works to promote competition, and
       | protect and educate consumers. You can learn more about how
       | competition benefits consumers or file an antitrust complaint.
       | Like the FTC on Facebook, follow us on Twitter, read our blogs,
       | and subscribe to press releases for the latest FTC news and
       | resources.
        
       | mrkramer wrote:
       | Without Facebook Instagram wouldn't exist since Instagram used
       | Facebook's social graph aka "Log in with Facebook" in order to
       | kickstart and grow its userbase.
        
         | sprafa wrote:
         | Are you sure about this? I know Whatsapp was on an exponential
         | growth curve before it was acquired, what was IG's future
         | looking like?
        
           | mrkramer wrote:
           | Instagram was growing like crazy[0]; it launched in October
           | 2010 and by April/May 2012 it had 50 million users. So they
           | gained 50 million users in one and a half year. There were
           | other photo sharing apps as well at the time on the Iphone so
           | the growth is even more impressing.
           | 
           | Future for them was bright but they needed more engineers and
           | more professional management to cope with the rapid growth
           | since they had only 13 employees at the time of proposed
           | acquisition which eventually happened. Zuckerberg said
           | Instagram was about to hit the wall if it wasn't Facebook
           | because their backend wasn't good enough for millions of
           | users but if they got more engineers and a good CTO and a
           | good COO they could've survived and grow on their own.
           | 
           | [0] https://techcrunch.com/wp-
           | content/uploads/2018/06/Instagram-...
        
       | gordon_freeman wrote:
       | > "The Facebook social network is known internally at Facebook as
       | "Facebook Blue" and has more than <hidden> monthly users in the
       | United States. Instagram attracts more than <hidden> monthly
       | users."
       | 
       | I don't understand why some of the publicly available info in FB
       | earnings reports is redacted from the complaint[1]. Does anyone
       | know who determines what to redact and why?
       | 
       | [1]
       | https://www.ftc.gov/system/files/documents/cases/ecf_75-1_ft...
        
         | darkwizard42 wrote:
         | The information from FTC might be more recent than the last
         | released numbers during an earnings call. That would be my best
         | guess!
        
       | barbazoo wrote:
       | I know it's cynical, but what will come out of this? Another $10m
       | fine for a company that makes $3.5b a month (1)?
       | 
       | (1) https://investor.fb.com/investor-news/press-release-
       | details/...
        
         | bingdig wrote:
         | The proposed remedy in the complaint is the divestiture of
         | Instagram and / or WhatsApp (extremely unlikely) and increased
         | oversight on Facebook in the future that would make similar
         | acquisitions much more difficult (more likely).
        
           | waynesonfire wrote:
           | thus, further strengthening FBs moat as their competitors
           | will have a cap on their growth.
        
           | cwkoss wrote:
           | Spinning Instagram and Whatsapp off of Facebook seems like it
           | would benefit everyone except facebook stockholders.
        
             | Wohlf wrote:
             | It would be great for shareholders, much like splitting
             | Standard Oil was.
        
             | jessaustin wrote:
             | As Scott Galloway has been saying for years, it would be
             | _great_ for stockholders. Facebook is an old-n-busted
             | service for old-n-busted people. (You might think I 'm one
             | of those, using such an old-n-busted idiom, but even _I 'm_
             | young enough not to be on Facebook.) IG and Whatsapp both
             | would thrive if they weren't chained to all that dead
             | weight.
             | 
             | Divestiture wouldn't be so good for Facebook execs, but
             | does anyone care about them?
        
         | blitzar wrote:
         | These companies are now too big to fail and too big to
         | meaningfully prosecute, even a $1bn fine is not really going to
         | trouble the likes of facebook. Any more meaningful punishment
         | would have pretty adverse financial market and political
         | impacts, which people would get over eventually but would take
         | some serious conviction to inflict.
         | 
         | The only real recourse is to stop more of the same happening
         | again in the future.
        
           | kbenson wrote:
           | > These companies are now too big to fail
           | 
           | I'm not sure why you would think that, and I don't think
           | anything you explained supports that. I'm also not sure it
           | makes any sense at all when applied to Facebook.
           | 
           | Facebook is not going to "fail" over a weekend like Bear
           | Stearns. If it dies, it will be a slow hemorrhaging death,
           | and there will be plenty of time for employees and investors
           | to deal with it. Even if a law were to be passed tomorrow
           | saying they couldn't collect and monetize non-provided
           | personal information and that they couldn't advertise to
           | uses, there would still be a year or two of them wildly
           | trying to pivot, not a collapse over a few days, and the
           | effect on the wider ecosystem of tech wouldn't be all that
           | important.
           | 
           | Saving major financial institutions because they were too bug
           | to fail was not just because they were _big_ , but because
           | the finance sector is all intricately connections, and if a
           | large enough player collapses the cascading effects of
           | missing money could have a very outsized effect and drag the
           | economy down. Facebook? Nobody would really care. A
           | competitor or new alternative would absorb the users fairly
           | quickly. The only thing of value that would be lost, and
           | probably not even that, is the list of people you're friends
           | with.
           | 
           | Honestly, Google might not be much more important, other that
           | they just employ way more people. Probably not Apple either
           | (having to switch to Android/Window is an inconvenience, not
           | a major life change). Amazon would actually have a big effect
           | though. The amount they've integrated themselves into the
           | supply chain for normal people and how many people sell on it
           | would cause major disruptions if it were to disappear within
           | a year or two. Or maybe not, I'm sure Walmart would love for
           | you to use them instead, or Alibaba. Nothing says the
           | American company has to be the preferred one for Americans.
        
             | blitzar wrote:
             | In the case where actual prosecution was conducted, as you
             | suggest - what would be the opening price on the Monday
             | morning for the share price? Bear Sterns peak valuation was
             | 20billion, Facebook sits at 1,000billion. Just wiping half
             | that value off over a weekend would be 'not a great day in
             | the financial markets' - if no other stock moves (and they
             | will), it's -5% on the Nasdaq on the first tick of the day.
             | People would lose money, some probably a lot of money, in
             | May 2021 Facebook was the most widely owned stock by hedge
             | funds.
             | 
             | Now I am not suggesting anyone should lose sleep over some
             | billionaires losing a bit of money - 'people would get over
             | eventually'. However it would come down to a question of
             | political will rather than points of law to persue a
             | meaningfully prosecute or reduce the power of Facebook (and
             | others) in any way, and any aftermath, as short term as it
             | may be, would be considered to be self-inflicted by the
             | politicians that conducted the exercise.
             | 
             | Tech is, through its collective behavior and practices,
             | interconnected. If the political will emerges to curtail
             | tax evasion, monetization, etc in the sector, the
             | valuations of every tech company conducting their affairs
             | similarly would be called into question.
        
       | FridayoLeary wrote:
       | >"Facebook lacked the business acumen and technical talent to
       | survive the transition to mobile. After failing to compete with
       | new innovators, Facebook illegally bought or buried them when
       | their popularity became an existential threat," said Holly
       | Vedova, FTC Bureau of Competition Acting Director. "This conduct
       | is no less anticompetitive than if Facebook had bribed emerging
       | app competitors not to compete. The antitrust laws were enacted
       | to prevent precisely this type of illegal activity by
       | monopolists. Facebook's actions have suppressed innovation and
       | product quality improvements. And they have degraded the social
       | network experience, subjecting users to lower levels of privacy
       | and data protections and more intrusive ads. The FTC's action
       | today seeks to put an end to this illegal activity and restore
       | competition for the benefit of Americans and honest businesses
       | alike."
       | 
       | Shouldn't the FTC be a neutral body?
       | 
       | How did the FTC miss this criminal activity for 10 whole years? I
       | think an investigation should be called for. The supposed
       | antitrust laws have failed miserably. This must be the one of the
       | FTC's worst failing ever, by their own admission.
       | 
       | This gem: "Facebook lacked the business acumen" FB has a market
       | cap of 1T USD. That's $1,000,000,000,000. She sounds deluded.
        
         | cmdli wrote:
         | > Shouldn't the FTC be a neutral body? How did the FTC miss
         | this criminal activity for 10 whole years? I think an
         | investigation should be called for. The supposed antitrust laws
         | have failed miserably. This must be the one of the FTC's worst
         | failing ever, by their own admission.
         | 
         | So, _should_ the FTC have blocked these mergers? If the FTC has
         | failed to the extent you have said, then it sounds like this is
         | a step in the right direction. Either the FTC was correct
         | before or is correct now.
        
           | [deleted]
        
       | legitster wrote:
       | > After suffering significant failures during this critical
       | transition period, Facebook found that it lacked the business
       | talent and engineering acumen to quickly and successfully
       | integrate its outdated desktop-based technology to the new era of
       | mobile-first communication. Unable to maintain its monopoly or
       | its advertising profits by fairly competing, Facebook's
       | executives addressed this existential threat by buying up the new
       | mobile innovators, including its rival Instagram in 2012 and
       | mobile messaging app WhatsApp in 2014.
       | 
       | Man, I hate FB as much as the next guy, but this argument is weak
       | as hell.
       | 
       | FB was still the #1 mobile app in the world when they bought up
       | both of these companies. Hell, neither were even direct
       | competitors any more than Oculus was.
       | 
       | FB's play is clearly a horizontal integration - they want as many
       | _different types_ of products to fall under their single
       | advertising pane of glass as possible. The FTC is going after
       | them for doing _the exact opposite thing_.
        
         | slownews45 wrote:
         | Agreed - the idea that facebook was "outdated desktop based
         | technology" is laughable.
         | 
         | It was one of the first apps most people installed - and they
         | actually made it run on an INSANE number of platforms. Wasn't
         | there versions of facebook for things like symbians and nokias
         | and low bandwidth devices in developing countries?
         | 
         | Instagram had a pretty small team when facebook bought them,
         | and facebook was active on mobile before that.
         | 
         | This complaint is such trash - I can't believe they can't find
         | better arguments to make.
         | 
         | Edited: It looks like in 2010 or so facebook had something like
         | 150 million mobile users (using this "outdated desktop
         | technology"). I don't doubt it wasn't perhaps best of breed,
         | but there were lots of mediocre approaches back then. Did the
         | FTC even have an app? Did the fortune 500 all have amazing
         | apps?
        
           | legitster wrote:
           | "Facebook lacked the business acumen and technical talent to
           | survive the transition to mobile."
           | 
           | It's also crazy to think knowing that Facebook was developing
           | React before the bought Instagram.
        
             | slownews45 wrote:
             | Interesting! I didn't actually know that. I just remember
             | being in a developing country and like Nokia's had facebook
             | or messenger or something? Skype and Facebook were showing
             | up a lot of places way back. I remember the office I was in
             | ran everything on skype - period. Months with no phone
             | calls really, but you could somehow get on facebook.
             | Symbian / Nokia I'm trying to remember how this worked back
             | then. I'm sure they dropped them, and I may be confusing
             | who was on these crap devices but I vaguely remember
             | thinking damn, facebook and snake are like the advanced
             | apps on phones.
        
         | 2OEH8eoCRo0 wrote:
         | As part of this investigation, does the FTC have access to
         | internal FB communications that we do not?
        
         | croes wrote:
         | Of course were Instagram and WhatsApp competitors. Not on the
         | service side but at the user base. FB users switched to
         | Instagram and WhatsApp, that's why they bought them.
        
           | jensensbutton wrote:
           | They didn't "switch" they just _also_ used those apps, which
           | meant they were competing for people's time.
        
             | croes wrote:
             | If they spend their time on Insta instead of FB, they
             | switched. You don't have to delete your account if it's
             | enough to abandon it.
        
       | munk-a wrote:
       | Their stock price hasn't appeared to notice - so I'm guessing
       | that investors (like the majority of us I'd assume) are cotinuing
       | on with the theory that even outright identifying a company as a
       | monopoly isn't going to result in any serious anti-trust
       | legislation in this modern world.
       | 
       | Obviously Facebook itself is going to try and play it cool
       | throughout this entire proceeding - but the investors will
       | usually jump ship if they're concerned.
        
       | riazrizvi wrote:
       | If this succeeds, the USA is going to enjoy another innovation
       | boom, similar to the one that happened after ATT and IBM were
       | challenged in the 70's.
        
         | andrewmcwatters wrote:
         | Out of Bell Labs came C. Out of Facebook came React. I'm not so
         | certain about that.
        
         | slownews45 wrote:
         | Uhhh.
         | 
         | ATT's bell labs generated 9 noble prizes. Per wikipedia Bell
         | Labs developed radio astronomy, the transistor, the laser, the
         | photovoltaic cell, the charge-coupled device (CCD), information
         | theory, the Unix operating system, and the programming
         | languages B, C, C++, S, SNOBOL, AWK, AMPL.
         | 
         | Yes, they are broken up, and now the separate baby bells (pac
         | bell etc) I don't remember anything close coming from them.
        
           | 2OEH8eoCRo0 wrote:
           | Bell Labs wasn't great because of anti-competitive behavior,
           | they were great in spite of it. Are you saying that if we
           | break up Facebook or other anti-competitive mega-corps that
           | we will be missing out on untold innovation?
        
           | bink wrote:
           | Sure, but on the consumer side there was basically nothing. I
           | imagine the person you're replying to was referring to things
           | like Caller ID, Call Waiting, Three-way calling, etc.
        
         | smoldesu wrote:
         | Why, because people who otherwise occupied themselves with
         | Facebook won't find something better to do with their time?
        
         | bpodgursky wrote:
         | Most long-term research comes out of monopolies, which by
         | definition have slack time and money to invest in speculative
         | projects.
         | 
         | (obviously not all monopolies choose to invest this way, but
         | absolutely no companies which live or die by quarterly earnings
         | b/c of market competition can do this)
        
       | docom wrote:
       | I always think about how apps like Instagram and WhatsApp would
       | look like in a timeline where Facebook doesn't acquire them.
        
       | codingdave wrote:
       | Does anyone have information on what, exactly, makes an
       | acquisition illegal in this context?
        
       | beckman466 wrote:
       | It's only 30 years too late...
        
         | kahrl wrote:
         | Facebook didn't even expand beyond universities until September
         | 2006, only 15 years ago? What?
        
           | NotSammyHagar wrote:
           | Okay, 15 years too late
        
       | avalys wrote:
       | I thought the deadline for re-filing this had passed (July 29?)?
        
         | elliekelly wrote:
         | It's not unusual for deadlines to be changed. It looks like the
         | FTC filed a motion for an extension a week before the initial
         | deadline (6/23) and Facebook didn't oppose.[1] (Typically
         | opposing counsel will discuss and agree before these motions
         | are even filed so it's not surprising that Facebook did nothing
         | in response to the motion.) The linked press release makes it
         | sound like the Commissioners voted on whether or not to re-file
         | the complaint so I'm guessing 30 days wasn't enough time for
         | the FTC go through whatever that governance process entails.
         | 
         | [1]https://www.docketalarm.com/cases/District_Of_Columbia_Distr
         | ...
        
       | astlouis44 wrote:
       | Fakebook
        
       | numair wrote:
       | Please keep in mind that one of (perhaps THE?) largest donors of
       | "dark money" campaign contributions to the current administration
       | was Dustin Moskovitz, who, last I checked, held the super-voting
       | shares that are voted by default in Mark Zuckerberg's favor,
       | granting him a de facto corporate monarchy.
       | 
       | The best way to control the game is to own your opposition, and
       | make sure they're loud, credible, and totally ineffective.
        
       | slownews45 wrote:
       | I can't believe how weak these cases have been - are these more
       | of a posturing thing?
       | 
       | * These were all approved at the time. This is going to make for
       | a crazy world if folks act on an approval and then they are
       | reversed.
       | 
       | * The focus of a lot of these seems to be on harm to other
       | (sometimes very scammy) businesses. The Apple case has this issue
       | as well. Match group can't do non-cancelable auto-renewing
       | billing in their own app store. Rando app can't get your email
       | and other details but you can route via apple. Etc. Why not focus
       | on consumer harm more - that was traditional focus. The complaint
       | is Facebook doesn't make an easy api for others to scrape their
       | platform - uh, hello cambridge analytic?
       | 
       | * These social network things seem somewhat fragile. Myspace came
       | and went, Friendster was hot. Now I see a lot more folks on
       | tiktok. Are kids still even active on facebook?
       | 
       | * Instagram wasn't that big when purchased, and many folks
       | (including same people writing the articles now about monopolies)
       | said that facebook wildly overpaid.
       | 
       | https://twitter.com/rockspindeln/status/189416024058245121
       | 
       | What's crazy is there is so much straight pure scam crap on the
       | internet the FTC does nothing about. I mean, stuff that is
       | obvious consumer harm. In my case I tried to cancel a
       | subscription 30 days in advance recently (nearly 1K per year). It
       | turns out you have to cancel 90 days in advance but not more than
       | 120 days in advance?? So now I'm on the hook for another 1K. That
       | is just total trash behavior online. And instead of the click to
       | sign up, I had to go through endless hoops. Talked to someone,
       | then they wanted me to submit a case, I did that, then back and
       | forth to "verify" me etc etc.
       | 
       | The FTC is crickets on just endless false advertising, misleading
       | internet offers etc (stuff that's not even close to OK).
        
         | Nicksil wrote:
         | >What's crazy is there is so much straight pure scam crap on
         | the internet the FTC does nothing about.
         | 
         | >In my case I tried to cancel a subscription 30 days in advance
         | recently (nearly 1K per year). It turns out you have to cancel
         | 90 days in advance but not more than 120 days in advance?? So
         | now I'm on the hook for another 1K.
         | 
         | >And instead of the click to sign up, I had to go through
         | endless hoops. Talked to someone, then they wanted me to submit
         | a case, I did that, then back and forth to "verify" me etc etc.
         | 
         | >The FTC is crickets on just endless false advertising,
         | misleading internet offers etc (stuff that's not even close to
         | OK).
         | 
         | I share your frustration, however I suspect this is more an
         | indictment of our industry than FTC's apathy. Of course the FTC
         | and other regulatory bodies are pursing enterprises for
         | behavior other than that described in the link, but it may
         | understandably be perceived that _nothing_ is being done about
         | those other egregious behaviors due simply to the sheer volume
         | of occurrence.
         | 
         | This industry is rife with user-hostile behavior. It's become
         | so commonplace you'll find these purveyors openly discussing it
         | as if there isn't anything wrong with what they are doing;
         | industry "best practices."
         | 
         | It's insane.
        
           | mountainb wrote:
           | They do bring suits against scammers pretty regularly, but
           | they only really go after very successful scammers who have
           | stolen 7-8 figures+ from their victims. The FTC does not have
           | the resources to go after smaller claims. They leave that up
           | to civil plaintiff to at least somewhat rectify. They're not
           | as inactive as you think it's just that there's a LOT of
           | federal crime that goes unpunished. The federal government in
           | general is only capable of effectively pursuing a small
           | sample of federal crimes that occur.
           | 
           | This has a lot to do with the way that we finance our
           | regulators -- a lot of these crimes could be handled on a
           | bounty system, which would fix the manpower problems.
        
             | slownews45 wrote:
             | But even going against big players like Amazon, why can't
             | they say - hey, you are selling products with totally false
             | descriptions, refund everyone who but the fake "apple
             | certified" device, or the "UL listed" device. Just do mass
             | refunds across 10's of thousands of customers.
             | 
             | Instead they are going after Apple. In my experience at
             | least least scammy company out there. My refunds go
             | through, the warranty / applecare stuff works, subscription
             | renewals are fair and easy to cancel, no * fine print on
             | trials.
        
               | Nicksil wrote:
               | >But even going against big players like Amazon, why
               | can't they say - hey, you are selling products with
               | totally false descriptions, refund everyone who but the
               | fake "apple certified" device, or the "UL listed" device.
               | Just do mass refunds across 10's of thousands of
               | customers.
               | 
               | Do we know for a fact that there is no activity here,
               | that the FTC (or other bodies) aren't currently building
               | cases or performing investigations?
        
               | ipaddr wrote:
               | We as in the public have not been told this is underway.
               | Nor have we heard hints, leaks or anything of the sort.
               | 
               | This is not happening right now based on the available
               | information.
        
               | Nicksil wrote:
               | >We as in the public have not been told this is underway.
               | Nor have we heard hints, leaks or anything of the sort.
               | 
               | >This is not happening right now based on the available
               | information.
               | 
               | If we continue with that logic -- an apparent lack of
               | information regarding active investigations -- the only
               | conclusion that makes sense is "we don't know."
        
               | kube-system wrote:
               | > Just do mass refunds across 10's of thousands of
               | customers.
               | 
               | > Instead they are going after Apple.
               | 
               | They _have_ ordered Amazon to do mass refunds in the past
               | for other reasons.
               | 
               | https://www.ftc.gov/news-events/press-
               | releases/2017/05/refun...
        
               | jessaustin wrote:
               | Khan has only held the chair for two months. FTC has had
               | other priorities in the past, but given her publishing
               | history it's a good bet that Amazon is now under scrutiny
               | as well.
        
             | fshbbdssbbgdd wrote:
             | Civil litigation is one version of a bounty system.
        
             | Nicksil wrote:
             | >They're not as inactive as you think
             | 
             | I don't think they're inactive. I tried to convey that by
             | describing what may be _perceived_ as  "doing nothing" is
             | really the inundation of awful behavior in this industry.
        
           | hellbannedguy wrote:
           | "In my case I tried to cancel a subscription 30 days in
           | advance recently (nearly 1K per year). It turns out you have
           | to cancel 90 days in advance but not more than 120 days in
           | advance?? So now I'm on the hook for another 1K."
           | 
           | I believe you can put a stop payment at the bank. At my bank
           | they charge $30. When the creditor calls the bank, they will
           | read to the creditor the reason you are not paying.
        
             | mattlondon wrote:
             | Not paying does not absolve you of your contractual
             | obligations though.
             | 
             | I had a service that I just stopped paying for once,
             | assuming that they'd cancel my account when the money
             | stopped coming. False - they kept billing me then sold my
             | "debt" to a debt-collection firm who called me at work etc.
        
               | slownews45 wrote:
               | When I was young I learned this the very hard way. I
               | moved. Called to cancel my cable service. Person said no
               | problem, box up modem and leave it outside. I did that.
               | 
               | Never thought of it again for 4-5 years until I was
               | trying to rent a place in my own name. Yep, the retention
               | specialist 5 years ago met his numbers by NOT cancelling
               | me out. So I had something like an extra 12 months of
               | charges plus modem cost plus a credit hit.
               | 
               | Because I really need this place to live in (3 others
               | were depending on it/me) I ended up coughing up a ton of
               | money. Lessons learned.
        
               | bickeringyokel wrote:
               | Sounds like in that case you were a victim of fraud
               | rather than avoiding your contractual obligations?
        
           | ABCLAW wrote:
           | >This industry is rife with user-hostile behavior. It's
           | become so commonplace you'll find these purveyors openly
           | discussing it as if there isn't anything wrong with what they
           | are doing; industry "best practices.
           | 
           | The interesting part is that the comment you're replying to
           | attempts to normalize a number of anti-competitive strategies
           | employed by Facebook in the exact same way.
           | 
           | Supernormalization at work - if your institutions get
           | defanged, people 'learn' to accept the new status quo as the
           | way of things.
        
         | 5faulker wrote:
         | Sadly Facebook is really a faceless corporation after all.
        
         | mig39 wrote:
         | Kids haven't been on Facebook for more than a decade. It's all
         | TikTok and Discord for my 3 kids.
        
           | dleslie wrote:
           | Facebook Kids Messenger is popular with my kids and their
           | friends; AFAICT, it's the only messenging app that allows
           | preschool and primary school kids to communicate with each
           | other under the watchful eye of their parents.
           | 
           | It's got solid parental controls, fun little mini games,
           | loads of photo editing and video tools that are appealing to
           | kids.
           | 
           | Pretty much kept my kids' cohort of friends connected during
           | the lockdown.
        
             | bhb916 wrote:
             | Facebook Kids Messenger is decent (for all the reasons you
             | mentioned), however, I am pessimistic about it being
             | genuinely appealing to kids. It's staying alive because
             | middle-aged parents are forcing it on their children - they
             | are the consume and decision-maker. My experience is once
             | kids are allowed to make their own decisions they quickly
             | move away from it.
        
               | robbrown451 wrote:
               | Of course once kids are allowed to make their own
               | decisions, the main value of FKM is gone. (parental
               | controls and such)
               | 
               | So it isn't the best example, and it isn't really
               | facebook per se but more of a separate product, but
               | still.... it is squarely aimed at kids that aren't old
               | enough to make decisions for themselves, by design.
        
             | r00fus wrote:
             | It's a pity I distrust Facebook so much that I'd never give
             | this a try (my kids simply don't social except sorta on
             | Nintendo).
             | 
             | My kids connected with their friends through outside
             | activities properly masked up.
        
               | dleslie wrote:
               | Outside gatherings were banned for a while here, so even
               | masked groups in public parks were not feasible.
        
               | bhb916 wrote:
               | Ugh. Sorry to hear that. IMHO the damage done to the kids
               | here is worse than the risks they would face from the
               | virus.
               | 
               | Kudos to you for doing what you can to keep your kids
               | connected socially.
        
         | cwkoss wrote:
         | >Are kids still even active on facebook?
         | 
         | 10 years ago in college, about 90% of my friends were using
         | Facebook every day.
         | 
         | Today, we're ~30 y/o. I'd estimate about 10% of my friends use
         | facebook every day, and more than 50% of them use it less than
         | once week.
         | 
         | I wouldn't be surprised to hear that many people younger than
         | me are barely using facebook at all. Most of the people I
         | interact with on facebook these days are older relatives.
        
           | slownews45 wrote:
           | Right - similar boat. I haven't posted in a year or two plus?
           | I used to work with kids when it was basically the be all end
           | all of everything. For me the endless politics just was a
           | turn off - keep friends updated other ways (icloud shared
           | albums are fun!).
        
         | jessaustin wrote:
         | Could you instruct the payment vendor not to pay this charge?
         | I've found that to be quite effective for "free first period"
         | offers that refused to turn off.
        
         | djeidpdd wrote:
         | >These social network things seem somewhat fragile. Myspace
         | came and went, Friendster was hot. Now I see a lot more folks
         | on tiktok. Are kids still even active on facebook?<
         | 
         | Not until they need it for a job or coordination need. Laying
         | all the platforms out as competitors is sort of misguided imo
         | though. Most social media platforms aren't competing for the
         | same space they're competing to be the first to establish that
         | space. Insta and Snapchat compete as did Myspace and Facebook.
         | But Facebook, Insta, Discord, Whatsapp, Tiktok, Twitch, and
         | Clubhouse are wildly different beasts as far as the experiences
         | they offer and encourage even if the millenials and older
         | generations just lump everything under 'social media business'
         | because they see feeds and instant messaging. Most of these
         | platforms might share demographics but they're wildly different
         | products.
        
         | micromacrofoot wrote:
         | Don't forget that Facebook has nearly 3bn active users. They
         | eclipse every social media company that has ever existed...
         | combined. Facebook is synonymous with internet access in some
         | corners of the world.
         | 
         | They're not going to disappear with a trend (as much as I'd
         | enjoy that). They've already weathered a few. They've expanded
         | far beyond kids and their average user is above 35. This limits
         | their growth, but they could probably continue to exist in a
         | massive way for a few decades if they stopped trying anything
         | new.
        
         | nsizx wrote:
         | It's incredible how this purchase was approved at the time and
         | a few years later they want to reverse it without anything
         | having changed at all.
        
         | wintermutestwin wrote:
         | It is a hard requirement that my two non-profit organizations
         | have a FaceCrook presence. It is the same for a majority of
         | businesses. This is clearly a monopoly position.
         | 
         | The level of service that they are providing to the user pales
         | in comparison to the value of the data they extract in
         | exchange. There is clear harm to the users.
         | 
         | That this is not a simple case against them is a clear failing
         | of the regulators and/or their laws.
        
           | abduhl wrote:
           | Why is it a hard requirement?
        
             | wintermutestwin wrote:
             | In the US at least, not having a social presence is
             | indicative of an outdated enterprise. FB is the primary
             | expectation. (along with a Google and Apple Maps link for
             | your address)
        
         | [deleted]
        
         | Calvin02 wrote:
         | Sadly this is what happens when an office, like the FTC, is
         | politicized.
         | 
         | FTC caters to the current party and pursues an aligned agenda
         | over other things that can bring a tangible benefit to the
         | population.
        
         | annadane wrote:
         | >These were all approved at the time
         | 
         | With specific conditions, which Facebook violated
        
           | slownews45 wrote:
           | Ugh - I hate this HN type of misinformation. It just seems
           | reactionary.
           | 
           | Please post to the conditions facebook violated around their
           | instagram acquisition. Remember, instagram had 13 staff or
           | something - it was pretty tiny!
           | 
           | Even folks who are arguing for breakups admit this fact:
           | 
           | " Yet the Federal Trade Commission approved the merger
           | without conditions. "
           | 
           | https://www.washingtonpost.com/outlook/2018/09/28/case-
           | break...
        
         | [deleted]
        
         | SteveGerencser wrote:
         | We used to refer to these things as press release politics.
         | There is no goal to enforce any rule or punish anyone, they are
         | designed for those on the political side to say, see, look how
         | hard we are working for you, then the business consents to some
         | minor thing with zero punishment and gets to say, see, we
         | worked with the people in politics and we have all made things
         | better.
         | 
         | You can see this see this at all levels of politics and
         | business.
        
           | slownews45 wrote:
           | Sure - but there are folks getting straight scammed endlessly
           | online - can't they do these press releases AND do some
           | enforcement of just stuff with direct consumer harm?
        
         | kube-system wrote:
         | > Instagram wasn't that big when purchased
         | 
         | That's... the point. Instagram was a _very_ rapidly growing
         | threat to Facebook 's market position. Facebook took drastic
         | action to ensure that they didn't become big.
        
         | FridayoLeary wrote:
         | The last case against FB, that was thrown out of court was also
         | very weak. Now, the new head of the FTC had spoken out against
         | monopolies. It isn't surprising that a hardliner who is
         | emotionally invested in bringing down Big Tech won't accomplish
         | much. I think we can expect similar cases brought against
         | Google, Amazon etc.
        
           | slownews45 wrote:
           | I think there are probably good cases to be made in areas.
           | 
           | Maybe something around consumer harm - ie, people bought
           | oculus devices being told no facebook login, now required to
           | use a login - do something like a 70% refund for those who
           | want one and return their device?
        
             | bickeringyokel wrote:
             | Or 100% refund in cases like this
             | https://www.tomshardware.com/news/oculus-quest-2-users-
             | banne...
        
             | FridayoLeary wrote:
             | But "getting" Big Tech shouldn't become their focus.
             | Protecting consumers should come first.
        
         | arrosenberg wrote:
         | Reversing mergers is completely appropriate when the merger is
         | found to have caused harm to competition after the fact. It
         | would be a crazy world if the FTC didn't pursue that.
        
         | unmole wrote:
         | The current FTC chair was appointed for her well publicised
         | hipster antitrust stance.
        
         | bjt wrote:
         | What's the basis for saying they're "crickets" on such scams?
         | Those shady operators tend to be much smaller and less
         | newsworthy than Facebook, so you don't read about them, but
         | that doesn't mean it's not happening.
         | 
         | I interned with the FTC's consumer protection division in Los
         | Angeles during law school. My job was calling up people who had
         | filed Better Business Bureau complaints and helping them to
         | provide affidavits against the companies that scammed them. At
         | the time we were focused on prepaid debit card scams.
         | 
         | Have you complained to the FTC about the company with the 1k/yr
         | subscription? Made a BBB complaint? Filed a small claims court
         | suit?
        
         | handrous wrote:
         | > * These social network things seem somewhat fragile. Myspace
         | came and went, Friendster was hot. Now I see a lot more folks
         | on tiktok. Are kids still even active on facebook?
         | 
         | Facebook's only role in my life is as the _main_ web presence
         | for lots and lots of small organizations. They may have other
         | things--even a website--but FB will be the first, and sometimes
         | only, place content is posted. HOA, kids ' schools, small area
         | businesses, almost all treat FB is their main outlet for
         | information, even if they do communicate some on other
         | channels.
        
         | tgsovlerkhgsel wrote:
         | > not more than 120 days in advance
         | 
         | Are such clauses binding, or can you send your cancellation by
         | registered mail now and do a chargeback if they try to bill you
         | beyond that?
        
         | AlbertCory wrote:
         | I will just deal with the cancellation issue:
         | 
         | Use privacy.com for this. For every online subscription, you
         | create a new credit card number, which can have preset limits.
         | I like to give it enough money for ONE payment, and then it
         | expires. You can also make it a one-time-use card.
         | 
         | These temp cards are all backed by your "real" card. There's no
         | fee. You don't get _real_ privacy (i.e. the payments still show
         | up on your bank statement) unless you pay $10 /month, but if
         | all you want is the ability to cancel immediately, this is for
         | you. Take back the control.
         | 
         | Some web service makes it difficult for you to cancel? Screw
         | 'em -- just cancel the credit card you gave them.
        
           | slownews45 wrote:
           | One issue - I like actually that Apple is big enough to
           | negotiate (ie, screw over) third party developers.
           | 
           | You have to notify of renewal terms of trial in same font
           | (ie, $1 for 1 week, $100 per month after).
           | 
           | You have to allow people to use your app anonymously (ie,
           | with an apple sign in).
           | 
           | I KNOW I could never negotiate terms like these - but Apple
           | can.
           | 
           | Yes, it probably is a sign they have too much power, but they
           | seem to direct a lot of their headaches to third parties,
           | which makes my consumer experience better not worse.
           | 
           | Good tips on the privacy.com thing.
        
         | 1vuio0pswjnm7 wrote:
         | Is there a reason not to name the company.
        
         | narag wrote:
         | _What 's crazy is there is so much straight pure scam crap on
         | the internet the FTC does nothing about. I mean, stuff that is
         | obvious consumer harm. In my case I tried to cancel a
         | subscription 30 days in advance recently (nearly 1K per year)._
         | 
         | These situations are solved with regulation. But not the
         | regular kind of regulation, but one that forces business of a
         | certain type to have _simpler_ procedures for actions like
         | canceling, procedures that also keep a public record that some
         | authorities can readily inspect and do instant arbitration.
         | 
         | It's possible to make it work. Once there is no incentive for
         | the companies to stall your cancelation or complaints, they
         | suddenly lose interest and use their resources to do productive
         | work. How do I know it works? I've seen it in action for the
         | last decade or two: if you want to change mobile providers (in
         | Spain, not sure about the USA) you just start a suscription
         | with the new one. The former receives the notification and you
         | don't even need to deal with them, except for one call offering
         | you a counter-proposal.
         | 
         | A similar system could be implemented for many other
         | suscriptions services.
        
       | hogFeast wrote:
       | Saying that Facebook has an impenetrable competitive position
       | when they aren't even the dominant social network for young
       | people anymore, and haven't been for years. They made a good deal
       | with Instagram but that hasn't stopped innovation in the space at
       | all.
       | 
       | What is particularly unfortunate is that Facebook are in the
       | firing line because they became the lightning rod for
       | politicians...and there are actually companies out there doing
       | anti-competitive things. Google has bought up digital
       | advertising, they have a piece of all parts of the value
       | chain...how is this legal? Apple and Google have sewn up the
       | market for apps? Nothing.
       | 
       | Also, Facebook has been the most responsive to politicians but
       | the fatality was being seen to have helped Trump in 2016 (even
       | though they didn't do so as actively as they helped Obama). FB
       | are terribly rapacious but you feel bad for them in that there is
       | literally no way for them to win (I suspect the core social
       | network will eventually get spun off as it gets overwhelmed by
       | govt claims against it).
        
       | catalyst7 wrote:
       | fuck you zuck
        
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