Episode 28: The Subscription and Continuity Product Conundrum: What the FTC’s proposed Negative Option Rule and State Automatic Renewal Laws mean for Marketers


Automatically renewed subscriptions and continuity plans are two of the most common forms of marketing programs generally known as negative options. These programs have come under heavy scrutiny by the Federal Trade Commission (FTC) as well as various states in recent years. In March 2023 the FTC issued proposed major amendments to the existing Negative Option Rule; we are expecting to see the final rule published this year. We are also continuing to see a lot of enforcement actions and litigation based on the existing automatic renewal laws at the state level, and more states appear to be poised to pass their own automatic renewal laws.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt partners J.J. Rodriguez and Eric Gold, to discuss how this more expansive negative option rule proposed by the FTC and the current and proposed state automatic renewal laws may change the way companies offer subscription and continuity products.

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