FTC Seeks Comment On Updates To Negative Option Marketing Rule

The Federal Trade Commission (FTC) announced on March 11, 2026 that it is seeking public comment on an Advance Notice of Proposed Rulemaking (ANPRM) regarding the agency's Negative Option Rule (formally known as the Rule Concerning the Use of Prenotification Negative Options Plans). The ANPRM seeks comment on "negative option" practices, where consumers are charged on an ongoing basis unless they take some affirmative consumer action to cancel. It also seeks comment on whether to revive some portions of the amended Negative Option Rule adopted by the previous Administration – often called the "Click-to-Cancel" Rule – that was struck down in court last year, and broadly addressed disclosure and cancellation requirements for automatic renewals and subscription services. The new ANPRM asks for information related to the marketplace for negative option programs, negative option practices, methods to address unlawful practices, whether an amended rule is necessary, and if so, how the