The FTC is seeking public comment on an Advance Notice of Proposed Rulemaking (ANPRM) to amend the Negative Option Rule, which governs prenotification negative option marketing plans. The rulemaking aims to address deceptive or unfair practices including misleading disclosures, unauthorized billing, and difficult cancellation processes, following over 100,000 consumer complaints about negative option practices in the past five years. Comments will be accepted for 30 days after the ANPRM is published in the Federal Register.
This press release does not announce an enforcement action, but rather an FTC proposal to amend the Negative Option Rule governing prenotification negative option marketing. In-house teams should review customer subscription, automatic renewal, and negative option clauses in consumer-facing agreements to ensure clear and conspicuous disclosures of material terms, obtain express informed consent for enrollment, and provide simple, easy-to-use cancellation mechanisms. Vendor agreements involving marketing services should also be reviewed for compliance with negative option marketing requirements.
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OtherOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2026/03/ftc-seeks-public-comment-response-advance-notice-proposed-rulemaking-regarding-negative-option
rule concerning use prenotification negative option plans ne
https://www.ftc.gov/legal-library/browse/federal-register-notices/rule-concerning-use-prenotification-negative-option-plans-negative-option-rule-advance-notice
rule concerning the use of prenotification negative option p
https://www.federalregister.gov/documents/2026/03/13/2026-04952/rule-concerning-the-use-of-prenotification-negative-option-plans
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"FTC Seeks Public Comment in Response to Advance Notice of Proposed Rulemaking Regarding Negative Option Marketing Practices"
"March 11, 2026"
"Federal Trade Commission"
"seeking public comment on an Advance Notice of Proposed Rulemaking (ANPRM)"
"Rule Concerning the Use of Prenotification Negative Option Plans, commonly known as the Negative Option Rule"
"https://www.federalregister.gov/documents/2026/03/13/2026-04952/rule-concerning-the-use-of-prenotification-negative-option-plans"
The press release is a weekly roundup of Virginia Attorney General Jay Jones' activities, including updates on vape legislation, joining a 22-state coalition opposing a USPS firearm mailing proposal, filing emergency appeals to the U.S. Supreme Court regarding redistricting, commencement speeches, and Law Day events. No privacy-related enforcement actions are documented.
Connecticut Attorney General William Tong praised final passage of House Bill 5312, which creates new civil enforcement mechanisms for deepfake digital sexual assault. The legislation allows the AG to pursue civil injunctions and penalties against platforms that disseminate illegal synthetic intimate images, including AI-generated child pornography, and establishes a private right of action for victims. The bill builds on prior Connecticut laws criminalizing unauthorized dissemination of intimate images.
New Jersey Attorney General Matthew Platkin and the Division on Civil Rights (DCR) announced the adoption of comprehensive new rules codifying the prohibition against disparate impact discrimination under the New Jersey Law Against Discrimination (LAD). The rules, published in the New Jersey Register on December 15, 2025, clarify legal standards for disparate impact liability in employment, housing, public accommodations, financial lending, and contracting, including the use of artificial intelligence in employment contexts. The rules do not create new liability but provide clarity on existing LAD protections amid federal rollbacks of disparate impact standards.
The FTC sent warning letters to 12 companies offering 'nudify' tools that generate nonconsensual intimate images, for failing to comply with the TAKE IT DOWN Act (TIDA) by not providing a mechanism for victims to request removal of such content. The letters urge immediate compliance with TIDA, which requires platforms to remove nonconsensual intimate images within 48 hours of a valid request. Noncompliant companies may face future legal action and civil penalties of up to $53,088 per violation.
The FTC began enforcing the TAKE IT DOWN Act on May 19, 2026, a law requiring covered platforms to establish a process for victims to request removal of nonconsensual intimate images and delete such content within 48 hours of a valid request. The agency launched a consumer complaint portal, issued compliance guidance for businesses and consumers, and sent reminder letters to major platforms including Meta, TikTok, and X about their obligations under the law. No specific penalties or enforcement actions against individual companies were announced in this release.
$6.5M
A federal court held Cliq Inc. and its executives Andrew Phillips and John Blaugrund in civil contempt for multiple violations of a 2015 FTC order requiring the payment processor to prevent enabling consumer fraud. The court found the defendants facilitated fraud by processing transactions for high-risk merchants, avoiding fraud monitoring, failing to conduct required underwriting, and ignoring chargeback thresholds. The court imposed $6.5 million in civil contempt sanctions against the defendants.