Podcast - The FTC and Consumer Online Transactions

Online commerce may not be a new concept, but the laws governing it continue to evolve. In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta examines the history of the Federal Trade Commission's (FTC) enforcement in the e-commerce space, with a particular focus on negative option billing practices. A negative option is a billing arrangement in which silence or inaction is treated as acceptance of an offer. The FTC drafted a formal amendment to the Negative Option Rule, but it was struck down in July 2025. Despite that setback, the agency has continued to pursue enforcement actions involving false advertising, failure to disclose membership enrollment terms and unnecessarily difficult cancellation processes, all while signaling plans to revisit the rulemaking process. The agency has also emphasized that any platform providing enrollment options must also provide cancellation options that are equally easy to access and use. Mr. DiResta advises that