Ugggggh yes your right.... that's so stupid!!
Hmmm so it seems like putting the checkbox in IS the best thing to do then even on 4.0.* unless you want to really annoy your customers
Regarding the 'First Name' and 'Last Name' fields in Billing/Shipping Address (in the cart form) has anyone just hidden/commented them out? Does this cause any problems with the registratioin process from the cart?
Cheers,
Nicki