Overview
- The Federal Trade Commission issued an Advance Notice of Proposed Rulemaking on March 11 to revisit its Negative Option Rule covering subscription and other recurring billing practices.
- Public comments are open for 30 days, with an April 13, 2026 deadline.
- The move follows the Eighth Circuit’s 2025 vacatur of the 2024 amendments for failing to include the preliminary regulatory analysis required by Section 22 of the FTC Act.
- The ANPRM requests detailed economic and operational data, including enrollment and cancellation metrics and itemized compliance‑cost estimates by industry and firm size.
- The Commission is considering reviving provisions on clear adjacent disclosures, separate verifiable consent, and easy cancellation, and is seeking input on retention “save” offers, possible exemptions, and third‑party intermediaries; no new requirements take effect as enforcement under ROSCA, the Telemarketing Sales Rule, and Section 5 continues.