The Federal Trade Commission (FTC) is poised to re-start a rulemaking process regarding disclosures and requirements for subscription and auto-renewing products and services.  On January 30, 2026, the FTC submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) on the Rule Concerning the Use of Prenotification Negative Option Plans (the Rule), commonly known as the Negative Option Rule, to the Office of Information and Regulatory Affairs (OIRA) for review. 

The content of the ANPRM – and potential revisions to the Negative Option Rule – will not be available until OIRA completes its review and the FTC publishes the ANPRM in the Federal Register for comment.  The ANPRM may be cleared for publication as soon as mid-February.  

An earlier version of the rule – also referred to as the “Click-to-Cancel” Rule  – was struck down in July 2025 due to procedural defects when the Eighth Circuit found the FTC failed to adequately perform the preliminary regulatory analysis for trade regulation rules having an impact of $100 million or more. 

The FTC’s move to revisit the Negative Option Rule, rather than abandon it, is consistent with its recent enforcement focused on subscription and auto-renewal requirements.  We are continuing to monitor the ANPRM and opportunities to comment on the Rule.