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The Bottom Line
- The FTC has sent a draft ANPRM on the Negative Option Rule to OIRA for review, a step that may lead to publication and a public comment period.
- This move signals renewed FTC focus on negative option and subscription practices after the 2024 amendment was vacated, as the agency considers whether to revisit and expand the rule.
- The forthcoming ANPRM is expected to seek input on modern subscription issues — such as disclosures, consent and cancellation — while the FTC continues active enforcement in this space.
On January 30, 2026, the Federal Trade Commission submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) concerning the Negative Option Rule to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for review.
The anticipated ANPRM relates to the FTC's "Rule Concerning the Use of Prenotification Negative Option Plans," commonly known as the Negative Option Rule. Once OIRA completes its review, the FTC may publish the ANPRM in the Federal Register and open a public comment period.
This step signals the Commission's renewed focus on negative option marketing practices following the recent vacatur of the FTC's 2024 proposed amendments to the Negative Option Rule. While the draft ANPRM does not yet propose specific regulatory requirements, it indicates that the agency is considering whether and how to revisit the rule through a new rulemaking process.
Historically, the Negative Option Rule applied to a narrow category of prenotification plans. In recent years, however, the FTC has sought to expand its regulatory approach to cover a broader range of subscription and recurring billing models in any and all media. The forthcoming ANPRM is expected to seek public input on the scope of any potential updates, including issues related to disclosures, consumer consent, and cancellation mechanisms in modern digital commerce.
What We're Watching
- Publication of the ANPRM following OIRA review, which will initiate an opportunity for public comment.
- Early signals from the FTC regarding the direction and breadth of any future proposed amendments.
- Continued FTC enforcement activity in the negative option and subscription space, independent of the rulemaking process.
Companies that offer subscription programs or other negative option features should monitor this development closely and consider engaging in the rulemaking process, given the potential for future regulatory changes affecting recurring billing and cancellation practices.
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