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 filed a complaint against Credit Glory LLC and related entities for deceptive credit repair practices, including false promises, impersonating debt collectors, charging illegal upfront fees, and using negative option billing without consent. A federal court temporarily halted the operation.
The FTC issued a policy statement abandoning disparate-impact liability, stating it will no longer bring claims based on this theory. It also modified compliance obligations for several companies based on past decisions.
The FTC, along with Utah and California, filed a complaint against Hims & Hers alleging the telehealth provider shared consumers' sensitive health information with third-party advertising platforms without consent, and deceived consumers about billing and cancellation practices. The complaint alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act.