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Originally Posted by Lightspeed
Isn't a prechecked crosssell like finding out that, because you bought a hamburger, McDonalds also put McNuggets at the bottom of your bag and then charged you for it when you didn't request them to remove it before you left the counter?
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That's a good analogy, and the same point Venus is making, using the FTC's language to illustrate it.
As to it being something that is actively pursued, as mailers are per se, with fines and punishment, versus just not being allowed any longer at some point, is the real question (barring ethical repercussions).
It might be a case where sponsors are figuring "Well it won't last forever. So I'm making hay while the sun shines" assuming that eventually CC processors simply won't allow it. It's pretty clear they don't fear any sort of active reprisal by the FTC over it as they do mailers.