On March 11, 2026, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on whether it should amend its Rule Concerning the Use of Prenotification Negative Option Plans (the Negative Option Rule), which governs certain offers in which a seller interprets a consumer’s silence or failure to take affirmative action as acceptance or continuing acceptance of the offer.
“Negative option subscriptions can offer procompetitive features to consumers and the marketplace more broadly by lowering transaction … Read the rest