Statute
Negative Option Rule
25 published works
Inside Consumer Protection
FTC Settles with Shutterstock Over Subscription Practices
By Laura Kim, Andrew Siegel, Carter McCants
On May 13, 2026, the Federal Trade Commission (“FTC”) announced that Shutterstock, Inc. had agreed to a $35 million settlement resolving allegations that the company engaged in unfair and deceptive subscription practices.…
Financial Services Observer
FTC Seeks Comment on Potential Updates to Negative Option Rule
By Timothy A. Butler, Matthew White
On March 11, 2026, the Federal Trade Commission issued an Advance Notice of Proposed Rulemaking seeking public comment on whether it should amend its Rule Concerning the Use of Prenotification…
Consumer Protection Insights
FTC Seeks Comment on Potential Updates to Negative Option Rule
By Timothy A. Butler, Matthew White, Tessa Cierny, Greenberg Traurig, LLP
On March 11, 2026, the Federal Trade Commission issued an Advance Notice of Proposed Rulemaking seeking public comment on whether it should amend its Rule Concerning the Use of Prenotification…
Inside Consumer Protection
FTC Restarts Negative Option Rulemaking Process
By Terrell McSweeny, Laura Kim, Carter McCants
The Federal Trade Commission (FTC) is poised to re-start a rulemaking process regarding disclosures and requirements for subscription and auto-renewing products and services. On January 30, 2026, the FTC submitted…
Inside Consumer Protection
States Press Forward with Automatic Renewal Laws Amidst Vacating of the FTC’s Negative Option Rule
By Laura Kim, Andrew Siegel, Alexandra Remick, Munseong Park
Autorenewal regulation has been a recent focus of both federal and state regulators. The U.S. Court of Appeals for the Eighth Circuit recently vacated the FTC’s Negative Option Rule on procedural…
Proskauer on Advertising Law
Subscription Shake-Up: Navigating the FTC’s Click-to-Cancel Rule
By Baldassare Vinti, Jennifer Yang, Alyson Tocicki, Naomi Caldwell
In October 2024, the Federal Trade Commission (“FTC”) updated its 1973 Negative Option Rule to address unfair and deceptive online subscription practices. See 16 C.F.R. § 425 (2024) (the “Negative…
Consumer Protection Insights
FTC Extends ‘Click-to-Cancel’ Rule Deadline
By Timothy A. Butler, Matthew White, Tessa Cierny, Greenberg Traurig, LLP
On May 9, 2025, the Federal Trade Commission (FTC) voted to extend the compliance deadline for the Negative Option Rule by 60 days. The Rule, sometimes called the “Click-to-Cancel Rule,”…
All About Advertising Law
FTC Files Brief Defending “Click to Cancel” Negative Option Rule
By Leonard L. Gordon, Ellen T. Berge, Shahin O. Rothermel, Jay Prapaisilp
Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as…
Media & Privacy Risk Report
An Offer You Can’t Refuse: The FTC’s New “Click-to-Cancel” Rule
By Daniel C. McKay, II, Jennifer Durham King, James W. Morrissey, Kelly Miller, Daniel P. Jackson, Mark C. Svalina, Christopher R. Rodenbaugh, Nicholas S. Zlevor
On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a…
All About Advertising Law
FTC’s “Click-to-Cancel” Rule Challenged by Industry in the Eighth Circuit
By Leonard L. Gordon, Margaret Ulle
Last week, a security services company and several trade groups filed their merits brief in the U.S. Court of Appeals for the Eighth Circuit challenging the Federal Trade Commission's (FTC)…