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Federal Regulation History

The FTC issued amendments to the ‘‘Rule Concerning Use of Prenotification Negative Option Plans,’’ retitled the ‘‘Rule Concerning Recurring Subscriptions and Other Negative Option Programs.’’ The final Rule would have applied to all negative option programs in any media. On July 9, 2025, the Eighth Circuit vacated all of the 2025 amendments, both the provisions that were already in effect and the remaining provisions that were to go into effect on July 14, 2025. See Custom Commc'ns, Inc. v. Fed. Trade Comm'n, 2025 WL 1873489, at *9 (8th Cir.

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