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IP, IT and Data Protection, North America

FTC Negative Option Rulemaking Resumes in 2026: Key Compliance Risks for Subscription and Auto-Renewal Programs

On March 11, 2026, the FTC issued an ANPRM to restart its efforts to regulate negative option marketing practices under Section 5 of the FTC Act. For companies that rely on subscription or auto-renewal models, this development places these practices back on an active regulatory agenda.

Author:

Rich Cleland
richard.cleland@agg.com