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.
The Bureau of Consumer Financial Protection (Bureau) is publishing this policy statement in order to announce a new designation for certain Bureau guidance, known as ‘‘Compliance Aids,’’ and to explain the legal status and role of guidance with that designation.