pc
nid 91261
Mar 11, 2026
ataylor@vixio.com
US Track 1
Bureau of Consumer Protection
financial services
118% of draft length
draft in Generated
Generated
1662 charsUnited States Federal Trade Commission Seeks Public Comment on Negative Option Rule Amendments
On March 11, 2026, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPR) requesting public comment on amendments to the Rule Concerning Use of Prenotification Negative Option Plans, commonly referred to as the Negative Option Rule.
The Negative Option Rule regulates negative option marketing practices—commonly known as "negative option" or "continuity" plans—where consumers are enrolled in recurring charges or shipments unless they take affirmative action to cancel. The FTC's ANPR seeks to gather public input on potential updates to this rule to address evolving consumer protection concerns in the negative option marketplace. The rule applies to sellers and marketers offering products or services on a negative option basis, including subscription services, membership programs, and similar arrangements where consumers face automatic billing or shipment renewal.
The FTC is inviting stakeholders, including businesses, consumer advocates, industry representatives, and the general public, to submit comments addressing how the rule should be updated to better protect consumers while considering business practices and technological developments. The agency will use the feedback gathered through this ANPR to inform the development of a formal proposed rule amendment.
Interested parties should submit comments in response to the ANPR. The full text of the Federal Register Notice is available on the FTC's website. Further details regarding comment submission procedures and deadlines will be provided in the official Federal Register publication.
**Reference:** Federal Trade Commission, Matter Number P064202
Agent draft
Not run yet.
Published
1953 charsUnited States Federal Trade Commission Issues Advance Notice of Proposed Rulemaking and Request for Comment on Amendments to the Negative Option Rule
On March 11, 2026, the Federal Trade Commission (FTC) issued an advance notice of proposed rulemaking (ANPRM) and request for public comment concerning the agency’s Rule Concerning the Use of Prenotification Negative Option Plans, commonly known as the Negative Option Rule.
The ANPRM seeks public comment to determine whether and how the FTC should use its authority to address negative option marketing, including whether the agency should amend the current rule to address deceptive or unfair acts or practices. Specifically, the FTC is seeking the following information to ensure its rulemaking adequately responds to concerns from both consumers and industry:
Marketplace for Negative Option Programs. The FTC seeks information on the extent to which businesses market products and services using negative options and how these negative option programs operate;
Negative Option Practices . The FTC seeks information on practices that 1) prevent consumers from understanding the terms of a negative option program, 2) result in consumers being enrolled without their express informed consent, or 3) deter consumers from canceling their enrollments, and whether such practices are prevalent in the marketplace;
Addressing Unlawful Practices: The FTC seeks information on specific ways to address unfair or deceptive negative option practices, including retaining the current rule, adopting provisions of the vacated 2024 Rule or some other provisions, or implementing alternatives to regulation (such as educating consumers and businesses on how to avoid unlawful negative option practices), and the costs and benefits of each of these measures; and
Supporting Studies and Data: The FTC encourages commenters to submit supporting market studies, economic data, or other empirical evidence.
The FTC strongly encourages comments to be submitted online through the https://www.regulations.gov website. Comments must be submitted by April 13, 2026.