UPDATE: The 8th Circuit ruled that the FTC erred by failing to conduct a regulatory analysis during its rulemaking process, and struck down this rule on July 8, 2025. Its decision came just days before the intended July 14, 2025 enforcement date (itself a delay from the original enforcement date, as announced by the FTC in May).

The FTC updated its Negative Option Rule last month and gave it a new name to emphasize the expanded scope of programs to which it applies. It will now be the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs.” The updated rule, as the FTC outlines, will now be applicable to nearly all forms of negative option marketing.

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