Share on LinkedInShare on LinkedIn

ARTICLE · 30 JULY 2025

Eighth Circuit Voids FTC 'Click To Cancel' Rule

Ballard Spahr LLP
Ballard Spahr LLP
Contributor
Ballard Spahr LLP

Ballard Spahr LLP

Ballard Spahr LLP, an AmLaw 100 law firm with 19 US offices, serves clients in more than 50...

View firm profile
Explore more from Ballard Spahr LLP

A federal appeals court has nullified the Federal Trade Commission's amendments to its Negative Option Rule intended to make it easier for people...

United StatesConsumer Protection
Kristen Larson
Kristen Larson
Author LinkedIn connections

A federal appeals court has nullified the Federal Trade Commission's amendments to its Negative Option Rule intended to make it easier for people to cancel subscriptions.

Custom Communications, the U.S. Chamber of Commerce, and other groups filed suit challenging the amendments to the rule, contending that the FTC did not follow proper procedures in enacting them.

A three-judge panel from the U.S. Court of Appeals for the Eighth Circuit agreed and found that the "Commission's rulemaking process was procedurally insufficient and Petitioners demonstrated prejudicial error.

On October 16, 2024, the FTC issued its final amendments to the Negative Option Rule, which applied to all negative option programs and included a "click to cancel" provision intended to make it easier for consumers to cancel their enrollment in order to halt continued charges.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New York City’s Click-to-Cancel Rule: What Businesses Need To Know

New York City has enacted the nation's first municipal click-to-cancel rule, requiring businesses to provide clear disclosures, simple cancellation processes, and advance renewal notices for subscription services. With approximately 30 states already implementing similar regulations and the federal landscape in flux following the FTC's vacated rule, companies now face an increasingly complex patchwork of compliance obligations. The rule takes effect October 1, 2026, and imposes penalties ranging from $525 t
United StatesConsumer Protection
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Article

Amway To Pay $225 Million Over Alleged False Earnings Claims And Fabricated Sales

The FTC and Washington state secured a record $225 million settlement from Amway and affiliated groups over allegations they misled recruits about earnings potential while pressuring them to buy products with little retail opportunity. The complaint reveals that over three-quarters of U.S. product volume was sold to IBOs themselves rather than retail customers, with fabricated sales reporting masking the recruitment-driven model. The settlement's injunctive provisions establish new standards for earnings cl
United StatesConsumer Protection
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

FTC Asks Whether Platform Ad Tools Fuel Impersonation Scams

The Federal Trade Commission is exploring whether digital platforms should bear greater responsibility for preventing impersonation ads that falsely pose as legitimate businesses or government agencies. Through an Advance Notice of Proposed Rulemaking, the agency seeks public input on potential amendments to its existing Impersonation Rule, examining how ad-optimization tools and platform practices...
United StatesConsumer Protection
Greenberg Traurig
Greenberg Traurig
Article

The Coming State-Law Litigation Wave Of 2026-27: “Subscription Trap” Class Actions

State-law class actions targeting automatic renewal and subscription practices are accelerating, creating significant litigation risk for companies that rely on recurring revenue models. Recent settlements demonstrate that even technical compliance failures can lead to seven-figure exposure, with California, Illinois, and Virginia statutes driving the most aggressive litigation.
United StatesConsumer Protection
Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
Article

NCAA Enjoined From Enforcing New Fifth-Year Eligibility Rule

A federal court has issued a nationwide injunction blocking the NCAA from enforcing its new five-year eligibility rule against Division I athletes who graduated high school in 2022. The ruling creates immediate compliance challenges for athletic departments as they navigate roster management, revenue-sharing caps, and potential penalties while the NCAA appeals the decision.
United StatesConsumer Protection
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Virginia’s Initial Draft Of Adult-use Marijuana Regulations – What You Should Know And What Questions Remain

Virginia's Cannabis Control Authority has released its initial draft of adult-use marijuana regulations, outlining application fees, license caps, and the approval process for the state's anticipated July 2027 launch of recreational cannabis sales. While the draft provides crucial details on licensing requirements and ownership restrictions, significant questions remain about the application timeline and evaluation criteria that will determine which entities receive coveted permits.
United StatesConsumer Protection
Foley Hoag LLP
Foley Hoag LLP
Article

Wiley Consumer Protection Download (September 15, 2026)

This comprehensive newsletter covers recent federal and state consumer protection enforcement actions, including FTC settlements with payment processors, state attorney general lawsuits against tech companies, and advertising challenge decisions. The update examines regulatory developments such as the FTC's withdrawal of its 2021 health app breach policy statement and the launch of a new rule guidance program, while highlighting emerging enforcement priorities around AI-powered advertising, personalized
United StatesConsumer Protection
Wiley Rein
Wiley Rein
Article

Personalized Pricing Scrutiny Expands As FTC Previews Activity And Cities Join States In Weighing New Restrictions

Regulators and legislators have been keenly focused on personalized pricing for several years, and the degree of interest has increased significantly in recent weeks. For example, Seattle passed a law banning the use of personalized pricing in certain grocery sales, a key New York City official publicly advocated for adoption of a multi-industry proposal, and the Federal Trade Commission (FTC) Chairman previewed that more agency action is on the way.
United StatesConsumer Protection
Wiley Rein
Wiley Rein
Article

FinCEN Proposes To Designate Banque Misr UAE As A Primary Money Laundering Concern And Revoke Correspondent Banking Access

The Financial Crimes Enforcement Network has proposed revoking Banque Misr UAE's correspondent banking access to U.S. financial institutions, designating it as a financial institution of primary money laundering concern. This action stems from Treasury's Operation Economic Outcast, which aims to sever financial channels Iran uses to evade sanctions and fund terrorist activities through shadow banking networks.
GlobalGovernment, Public Sector
Ballard Spahr LLP
Ballard Spahr LLP
Article

Senate Banking Committee Advances Brian Johnson’s Nomination To Lead CFPB

The Senate Banking Committee has advanced Brian Johnson's nomination to lead the Consumer Financial Protection Bureau in a party-line vote, setting the stage for a full Senate confirmation. With the Senate's pre-election recess looming and Mark Paoletta currently serving as Acting Director, the timing of Johnson's potential confirmation could determine whether the CFPB has Senate-confirmed leadership before the November midterm elections.
United StatesGovernment, Public Sector
Ballard Spahr LLP
Ballard Spahr LLP
Article

AI Learning Or AI Copying? Ninth Circuit Weighs In

The Ninth Circuit held that GitHub Copilot's AI-generated code did not violate DMCA's copyright management information (CMI) removal provisions, even when output resembled source code, because the system generated new works through probabilistic patterns rather than retrieving and stripping information from existing copies. This decision establishes a critical distinction between AI systems that learn and generate versus those that retrieve and reproduce, with significant implications for how courts evaluat
United StatesIntellectual Property
Ballard Spahr LLP
Ballard Spahr LLP
Article

CSBS Releases Artificial Intelligence Supervisory Framework For State Examiners

The Conference of State Bank Supervisors (CSBS) on September 16, 2026 released an Artificial Intelligence Supervisory Framework designed to help state financial examiners identify and understand how the bank and non-bank institutions they regulate are using artificial intelligence, assess the associated risks, and determine when a more in-depth review may be appropriate.
United StatesCorporate/Commercial Law
Ballard Spahr LLP
Ballard Spahr LLP
Article

House Financial Services Committee Approves Legislation To Place CFPB Under Congressional Appropriations Process

The House Financial Services Committee on September 16 approved H.R. 10184, the Consumer Financial Protection Accountability and Reform Act of 2026, by a 28-21 vote. The legislation, sponsored by Rep. Andy Barr (R-Ky.), would make significant changes to the structure, funding, rulemaking, supervision, enforcement, and other authorities of the Consumer Financial Protection Bureau (CFPB).
United StatesFinance and Banking
Ballard Spahr LLP
Ballard Spahr LLP
Article

California Website Tracking Litigation: What SB 690 And Variety Media Mean For Retailers

California lawmakers passed SB 690 to eliminate private lawsuits under CIPA's pen register provisions, while the Court of Appeal's tentative ruling in Variety Media extends CIPA's reach to internet communications but limits claims based solely on IP address collection. These developments create both opportunities and challenges for retailers navigating website tracking litigation, requiring careful evaluation of tracking practices, disclosures, and vendor relationships.
United StatesPrivacy
Ballard Spahr LLP
Ballard Spahr LLP