The Federal Trade Commission (FTC) issued a call for comments in response to its Advance Notice of Proposed Rulemaking Regarding Negative Option Marketing Practices.
The call for comments comes after the Eighth Circuit struck the FTC's previous amended Negative Option Rule because the FTC did not issue a preliminary analysis of the benefits and effects of the proposed rule and any reasonable alternatives, because it initially failed to treat the rule as "economically significant" to the national economy.
The FTC has not abandoned the proposals in the previous rule. Instead, the FTC's primary goal appears to be to remedy the issues the court raised when invalidating the previous rule (which the FTC refers to as the "Vacated Rule").
