What: On March 13, 2026, the Federal Trade Commission (FTC) issued an Advanced Notice of Proposed Rulemaking seeking public feedback on whether to change a rule called the “Negative Option Rule.”
Why: The FTC wants feedback on how to improve rules for negative option marketing, where people are charged for products or services unless they cancel or opt out. While this type of marketing can be convenient and profitable, it often leads to problems when companies hide important details, charge without consent, or make cancellations too difficult. The FTC is reviewing these rules again after a court blocked a November 2024 final rule, as many consumers still report being charged for things they didn’t want or agree to keep buying.
The FTC specifically asks for feedback on which small businesses and in which industries utilize this marketing strategy, and whether the agency should tailor the requirements to reduce costs imposed for small businesses.
Action: Read the proposed rule and submit comments before the April 13, 2026, deadline.
ADVANCE NOTICE OF PROPOSED RULEMAKING:
Rule Concerning the Use of Prenotification Negative Option Plans
NOVEMBER 2024 FINAL RULE
CONTACT: Janis Reyes
EMAIL: janis.reyes@sba.gov
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.