What We're Thinkin

NYC Proposes "Click to Cancel" Rulemaking For Public Comment

FTC Negative Option Rule ANPRM Published in Federal Register

FTC Seeking Public Comment on Neg Op Rule ... again

  At the end of 2025 we conducted a one hour briefing for PLI titled "Current Legal Risks of Online Tracking: The Case for Cookie Notices (and updating privacy policies)."  Many attendees told us they found it helpful in understanding the various types of cookies that websites use, what informat...

FTC Recodifies OG Negative Option Rule.. but to what end

FTC Publishes Request for Comment on Petition to Renew Vacated "Click to Cancel" Rulemaking

FTC Settles Amazon ROSCA Litigation

In response to our reporting yesterday on the 8th Circuit Court of Appeals vacating the FTC's amended Negative Option Rule, we have received countless cards and letters from across the country asking … now what … can we put our pencils down and go outside and play kickball with all the cool kids ...

Just in and we haven't had time to fully digest yet, but earlier today the 8th Circuit ruled in favor of Petitioners challenging the FTC's amended Negative Option Rule finding the Commission failed to follow procedural requirements under § 22 of the FTC Act.  The final paragraph of the decision r...

Reporting here on some recent developments regarding the FTC's amended Negative Option Rule (Rule), given that it goes into effect in just under a month (July 14), as we have previously reported. CRA Resolution.   On June 9, Rep Laurel Lee (R-FL) introduced a resolution under the Congressio...

FTC Extends Effective Date of Negative Option Rule for 60 Days

FTC v Uber And Learnings from a Ninth Circuit Decision re ToUs and Arbitration

FCC Stays New Revocation Rules Until April 2026

Q1 2025 Auto Renewal Legislative Update

CRA Update on FTC Negative Rule

  TL;DR.  Reporting today on some scintillating procedural developments in the FTC's Amended Negative Option Rule saga at the end of 2024 that are of absolutely no consequence whatsoever to those with normal day jobs, but are GOLD to us admin law junkies.  And as many readers of this alert have...

Petitions Challenging FTC Negative Option Rule Consolidated to 8th Circuit

FTC Final Negative Option Rule Published in Federal Register

Industry Groups Sue to Block FTC Neg Op Rule

This post is our summary of and observations on the FTC's Amended Negative Option Rule

CA SB 2863 Signed by CA Gov Newsom

TL;DR:  No news on the FTC Negative Option Rulemaking...nada, nunca. This silence/delay may be due to some recent court decisions adversely impacting the FTC and federal agency rulemakings generally, which may be giving FTC leadership some pause on its aggressive rulemaking efforts.  Or not...who...

TL;DR.  No news on the status of the FTC Negative Option Rulemaking … and even Vegas won't venture to guess an over/under effective date given the utter mishigas this process has become.  But if we were to guess, we think it is likely to be issued by the end of the year, possibly as early as Q3, ...

  Many have been asking about the status of the amended FTC Negative Option Rule and when it is likely to go into effect.      TL;DR.   Still don't know for sure, though not any time soon given a recent decision by the ALJ overseeing the three informal hearings conducted earlier this year on...

Pretty Much Everyone:  Any clue as to when the new FTC Negative Option rule will go into effect?  Did the recent Informal Hearings on the rulemaking process impact such timing, and what the heck were they about and how'd they go? Cobalt's Answer(ish):  Timing unclear, and somewhat of a sh!tsh0w....