The biggest news out of the FTC in October (so far) is the issuance of the long-awaited Final Rule governing negative options. The FTC refers to its newest offering as its “Click-to-Cancel" Rule, but, as we show in our in-depth analysis of the Rule, it is so much more than that. Indeed, the Final Rule allows the FTC to obtain monetary penalties for any false or deceptive practice performed by a company that offers negative options.

In her dissenting statement, Commissioner Holyoake noted that, by greatly expanding the Rule’s scope, the Commission is trying to make an end-run around the Supreme Court’s 2021 ruling in AMG, limiting its ability to obtain monetary restitution for Section 5 violations.

Commissioner Holyoake also questioned the timing of the Rule, published just weeks before what will likely be a highly consequential election for both the country and the FTC. Depending on what happens on November 5, any number of the FTC’s remaining Proposed Rules may be in jeopardy. This may be why they have stopped flowing, as there have been no new Proposed Rules since April.

FTC Proposal	Proposal Type	Manatt Insights	Comments Due
Inbound Technical Support Coverage (TSR Amendment)	Supplemental Notice of Proposed Rulemaking		Deadline Passed
Government and Business Impersonation Rule	Supplemental Notice of Proposed Rulemaking		Deadline Passed
Children’s Online Privacy Protection (COPPA) Rule	Notice of Proposed Rulemaking	FTC Proposes Major Updates to Children’s Online Privacy Protection Act	Deadline Passed
Unfair or Deceptive Fees (“Junk Fees”)	Notice of Proposed Rulemaking	Demystifying Junk Fees: What they are, regulatory considerations, and B2C marketing implications FTC Seeks to Ban “Junk Fees” With a New Proposed Rule	Deadline Passed
Guides for the Use of Environmental Marketing Claims (“Green Guides”)	Proposed Guidance	The FTC Takes on ESG: Proposed Updates to the Green Guides	Deadline Passed
Commercial Surveillance and Data Security	Advance Notice of Proposed Rulemaking	Protecting Consumer Health Data: FTC and State Actions to Close the Privacy Gap	Deadline Passed
Earnings Claims	Advance Notice of Proposed Rulemaking	2022 FTC and NAD Roundup	Deadline Passed
Risk Based Pricing	Notice of Proposed Rulemaking		Deadline Passed
Business Opportunity Rule	Advance Notice of Proposed Rulemaking		Deadline Passed
Funeral Industry Practices	Advance Notice of Proposed Rulemaking		Deadline Passed
Care Labeling of Textile Wearing Apparel and Certain Piece Goods	Notice of Proposed Rulemaking		Deadline Passed