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ARTICLE · 20 MARCH 2026

FTC Seeks Public Comment On Potential Amendments To The Negative Option Rule

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On March 11, 2026, the FTC issued an Advance Notice of Proposed Rulemaking seeking public comment on whether the agency should amend its Rule Concerning the Use of Prenotification Negative Option Plans under Section 5 of the Federal Trade Commission Act.

United StatesConsumer Protection
A.J. Dhaliwal
A.J. Dhaliwal
Mehul Madia
Mehul Madia
Maxwell Earp-Thomas
Maxwell Earp-Thomas
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On March 11, 2026, the FTC issued an Advance Notice of Proposed Rulemaking seeking public comment on whether the agency should amend its Rule Concerning the Use of Prenotification Negative Option Plans under Section 5 of the Federal Trade Commission Act.

Negative option marketing refers to arrangements where a consumer’s silence or failure to take affirmative action is interpreted as consent to be charged for goods or services. The FTC states that it continues to receive thousands of complaints regarding such practices and is seeking comment on whether changes to the existing rule are needed to address allegedly deceptive or unfair subscription and recurring billing practices.

In the Advance Notice of Proposed Rulemaking, the FTC seeks information on several aspects of negative option programs and potential regulatory approaches, including:

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