Topic
Negative Option Marketing
105 published works
All About Advertising Law
One-Time Shipping Protection Fee May Trigger ROSCA, Court Rules: A Fast VAST Update
By Shahin O. Rothermel, Ari N. Rothman, Ellen T. Berge
The term "negative option" generally references subscriptions, automatic renewals, continuity plans, or other programs where consumers continue to be charged unless they cancel. However, a recent New York federal court…
All About Advertising Law
Shutterstock Settles with FTC for $35 Million for Subscription and Negative Option Marketing Practices
By Leonard L. Gordon, Shahin O. Rothermel, Margaret Ulle
Continuing with its aggressive enforcement of negative option marketing, the Federal Trade Commission (FTC) announced a $35 million settlement with online digital photo and video platform Shutterstock to resolve allegations…
Data Privacy + Cybersecurity Insider
Click to Join, Hard to Leave: FTC Reopens Negative Option Rulemaking
By Roma Patel
On March 11, 2026, the Federal Trade Commission (FTC) announced an Advance Notice of Proposed Rulemaking (ANPRM) highlighting its Rule Concerning the Use of Prenotification Negative Option Plans, seeking comment…
Taft Class Action & Consumer Insights
FTC’s Negative Option Rule Revived – Public Comment Period
The Federal Trade Commission (FTC) is once again taking aim at its Negative Option Rule, signaling a renewed effort to address deceptive subscription and automatic renewal practices. On March 11,…
Taft Privacy & Data Security Insights
FTC’s Negative Option Rule Revived – Public Comment Period
The Federal Trade Commission (FTC) is once again taking aim at its Negative Option Rule, signaling a renewed effort to address deceptive subscription and automatic renewal practices. On March 11,…
Consumer Financial Services Law Monitor
FTC Reopens “Negative Option” Rulemaking After Eighth Circuit Vacates 2024 Amendments
By Chris Capurso, Brooke Conkle, Jason Cover, Taylor Gess, Carlin McCrory
On March 11, the Federal Trade Commission (FTC) issued a new Advance Notice of Proposed Rulemaking (ANPRM) to revisit its Rule Concerning the Use of Prenotification Negative Option Plans. The…
Inside Privacy
FTC Negative Option Rule ANPRM
By Laura Kim, Jehan Patterson, Alexandra Remick, Carter McCants
On March 11, 2026, the Federal Trade Commission (“FTC” or “the Commission”) announced an Advanced Notice of Proposed Rulemaking (“ANPRM”) regarding its Rule Concerning the Use of Prenotification Negative Option…
All About Advertising Law
FTC Calls for Comments on the Amended Negative Option Rule: A Fast VAST Update
By Shahin O. Rothermel, Ellen T. Berge, Leonard L. Gordon
On Wednesday, 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…
Consumer Finance Monitor
FTC intends to issue ANPRM on Negative Option Plans
By John L. Culhane, Jr., Richard J. Andreano, Jr.
The FTC has announced that it has submitted an Advance Notice of Proposed Rulemaking (ANPRM) regarding negative option plans to the OMB Office of Information and Regulatory Affairs (OIRA) for…
Global Policy Watch
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…