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FTC Negative Option Rule ANPRM Published in Federal Register

Posted by Marc Roth | Mar 13, 2026 | 0 Comments

Say what you will about government inefficiency... but the FTC's Negative Option Rule ANPRM was just published in the Federal Register, just a mere two days after the FTC announced it would be published. Pretty impressive!  
 
Comments are due April 13, 2026.   Here's your second bite at the apple* to comment on and impact federal rules on negative option marketing practices.    
 
*Fun fact re the idiom "second bite of the apple":  According to the Google, "While sometimes associated with the biblical forbidden fruit (temptation/risk), the phrase is a variation of "a second bite at the cherry," which originated from a 19th-century legal context about wasting resources on repeated attempts. In business, this strategy is used to maximize capital gains by allowing owners to participate in the future growth of their company after an initial sale."  IYKYK

About the Author

Marc Roth

Marc advises clients on all things advertising, marketing, promotions and privacy, having practiced in these areas for decades, in various capacities. A former Federal Trade Commission attorney, he understands regulatory priorities and concerns, which enables him to provide informed and practical advice to clients and prepare for the possibility of challenge. Having served as Chief Marketing Counsel for a Time Warner subsidiary, he knows the type of advice his clients need to do their job – prompt and practical answers, not lengthy and indecisive memos. He knows that “no” is not an option for in-house lawyers serving their business teams and works tirelessly with clients to develop viable and effective solutions acceptable to all stakeholders.

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