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Exhibit 734

WinRed, Inc. v. Ellison, 59 F.4th 934 (8th Cir. 2023), No. 22-1238

Exhibit 734 ยท Court opinion

WinRed, Inc. v. Ellison, 59 F.4th 934 (8th Cir. 2023), No. 22-1238

Clear and conspicuous disclaimers about auto-recurring donations might have legitimated otherwise-illegal solicitation tactics.

Affirms dismissal of WinRed's suit to block a Minnesota AG investigation of pre-checked recurring boxes. Recounts the 29 April 2021 joint letter from NY, CT, MD and MN AGs, the NYT report, and FEC matters MUR 7255 and MUR 7201. Does not find a violation.

Source
U.S. Court of Appeals for the Eighth Circuit
Date
7 February 2023
Quoted from
Slip op. Part II (PDF p. 9)
Grade
Primary record
Document
https://ecf.ca8.uscourts.gov/opndir/23/02/221238P.pdf
Accessed
2026-11-09
Cited by
Findings citing this exhibit

Cited by

Finding POL-3.13
Primary record On 29 April 2021 the attorneys general of New York, Connecticut, Maryland and Minnesota wrote to WinRed about pre-checked recurring boxes, and on 6 May 2021 the FEC asked Congress to require affirmative consent for recurring contributions and to bar implied consent through pre-checked boxes. In 2023 the Eighth Circuit held in WinRed v. Ellison that federal election law did not block the Minnesota investigation.
Finding POL-3.16
Reported WinRed's published account states that ActBlue pioneered recurring and pre-checked boxes and that pre-checked boxes appeared on ActBlue pages for the Democratic Congressional Campaign Committee and the Democratic Senatorial Campaign Committee. One press account reports that ActBlue began phasing them out in July 2021.