FTC Issues Call For Comments On New Negative Option Rule

Earlier this month, the FTC took another step toward issuing a new Negative Option Rule. We say a “new” version of the rule because the previous one, commonly called the Click to Cancel Rule, was vacated by the Eighth Circuit in July 2025. Despite that setback, recent events show the FTC intends to continue its push for a new rule in this area. On Jan. 30, it issued a draft Advance Notice of Proposed Rulemaking (ANPRM) to the Office of Information and Regulatory Affairs. On March 11, it posted that ANPRM to the Federal Register. The FTC is accepting comments on the ANPRM until April 13.

If you’re considering submitting a comment, then you likely want to know what’s in the ANPRM. Notably, this is not the Notice of Proposed Rulemaking, which would include the proposed rule. That will come at a later stage after the FTC considers these comments. The ANPRM instead includes an overview of the FTC’s negative option regulation, an explanation of why a new rule is required and questions it