On March 11, 2026, the Federal Trade Commission (FTC) issued a request for public comment on an advance notice of proposed rulemaking (ANPRM) regarding its “Rule Concerning the Use of Prenotification Negative Option Plans,” more commonly known as the “Negative Option Rule.” The FTC is inviting consumers and industry members to share their experiences with negative option marketing to help it decide whether and how …
Navigating the Age Assurance Maze: FTC Signals Potential Guidance on Harmonizing COPPA With Robust Age Assurance Technologies
On January 28, the Federal Trade Commission (FTC) hosted a workshop on age assurance, where FTC leadership signaled new guidance may be forthcoming to clarify potential conflicts between age assurance efforts and federal law. At the workshop, titled, “Protecting American Children: A Workshop to Explore Age Verification Technologies,” FTC leadership acknowledged a tension between implementing age assurance technologies, which may be required to comply with …
FTC Delays Enforcement of Amended Negative Option Rule
On May 9, 2025, the Federal Trade Commission (FTC) voted unanimously to delay enforcement of most portions of its amended Negative Option Rule by 60 days, shifting the compliance deadline for those portions from May 14 to July 14, 2025. Once fully enforced, the rule will impose sweeping new requirements on businesses offering subscription-based services, including enhanced consent, disclosure and cancellation obligations. Read more ›
Click to Cancel Just Got Cancelled: Eighth Circuit Vacates Entirety of FTC’s Negative Option Rule
On July 8, 2025, the US Court of Appeals for the Eighth Circuit vacated the entirety of the Federal Trade Commission’s new Negative Option Rule – popularly known as the Click-to-Cancel Rule – just days before it was scheduled to take full effect. While the rule has been vacated, the FTC can still police unfair and deceptive subscription practices under existing statutory authority. Companies also must continue …