Tag Archives: Negative Option Rule

Canceled Before It Clicked: Eighth Circuit Strikes Down FTC’s Click-to-Cancel Rule

Just days before it was set to take effect, the U.S. Court of Appeals for the Eighth Circuit struck down the Federal Trade Commission’s (FTC) much anticipated “Click-to-Cancel Rule” (the “Rule”), delivering regulatory whiplash to companies that had proactively geared up for the Rule’s arrival. As previously reported, the Rule sought to impose various requirements … Continue Reading

Subscription Shake-Up: Navigating the FTC’s Click-to-Cancel Rule

By Baldassare Vinti, Jennifer Yang, Alyson Tocicki and Naomi Caldwell on June 10, 2025 Posted in Class Actions, FTC, Regulatory

In October 2024, the Federal Trade Commission (“FTC”) updated its 1973 Negative Option Rule to address unfair and deceptive online subscription practices. See 16 C.F.R. § 425 (2024) (the “Negative Option Rule” or the “Rule”). The Rule sparked significant debate, with the original proposal garnering over 16,000 comments. Following some revisions based on this feedback, … Continue Reading

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