TITLE: Federal Trade Commission Seeks Public Comment on Negative Option Marketing Practices Rule
BODY:
On March 11, 2026, the Federal Trade Commission (FTC) announced it is seeking public comment on an Advance Notice of Proposed Rulemaking (ANPRM) concerning its Rule Concerning the Use of Prenotification Negative Option Plans, commonly known as the Negative Option Rule. The ANPRM invites stakeholders to weigh in on the current rule, whether amendments are needed, and potential regulatory alternatives to address deceptive or unfair negative option practices.
Negative options are marketing practices where the absence of affirmative consumer action constitutes consent to be charged for goods or services. While such practices can provide benefits to both sellers and consumers, they frequently harm consumers through misleading or inadequate disclosures, unauthorised billing, and difficult or impossible cancellation processes. The FTC has received more than 100,000 complaints about negative options and related practices over the past five years.
The FTC is seeking specific information on: the marketplace for negative option programs and how they operate; practices that prevent consumer understanding, result in unauthorised enrolment, or deter cancellation; specific ways to address unfair or deceptive practices, including retaining the current rule, adopting provisions from the vacated 2024 Rule, or implementing alternative regulatory approaches; and supporting market studies, economic data, or empirical evidence.
The comment period will run for 30 days following publication of the ANPRM in the Federal Register. Comments can be submitted electronically or in writing according to instructions in the Federal Register notice. The primary attorney on this matter is Hong Park in the FTC's Bureau of Consumer Protection.