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Statute

Negative Option Rule

25 published works

  1. 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.…

  2. 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…

  3. 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…

  4. 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…

  5. 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…

  6. 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…

  7. 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,”…

  8. 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…

  9. 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…

  10. 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)…