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. Continue Reading FTC Restarts Negative Option Rulemaking Process
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FTC Proposes to Rewrite Negative Option Rule with Expansive Notice of Proposed Rulemaking
By Laura Kim, John Graubert, Andrew Siegel & Alexandra Remick on
Posted in Advertising & Marketing, Federal Trade Commission
On March 23, the Federal Trade Commission (“FTC”) announced a notice of proposed rulemaking that would significantly revise the legal framework governing automatically renewing subscriptions. The proposal would amend the FTC’s existing Negative Option Rule to provide specific disclosure, consent, and cancellation requirements applicable to all negative options in all media. The Rule would formalize many of the guidelines from the FTC’s October 2021 Enforcement Policy Statement Regarding Negative Option Marketing (“Policy Statement”) and incorporate new requirements not previously addressed at the federal level such as renewal reminders. Continue Reading FTC Proposes to Rewrite Negative Option Rule with Expansive Notice of Proposed Rulemaking