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FTC Continues 1973 Negative Option Rule Review

Federal Trade Commission is increasing scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions, memberships, recurring-payment programs. FTC issued NPRM as part of ongoing review of 1973 Negative Option Rule. ....

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Negative Option Marketing Practices May Violate CFPA

CFPB issued Circular 2023-01 to affirm that companies offering negative option subscription services required to comply with federal consumer financial protection laws. Negative option refers to a term under which a seller may interpret a consumer’s silence as acceptance. ....

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