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Mar 23, 2026

“I’m Not Dead Yet”: Is the Demise of the FTC’s Click-to-Cancel Exaggerated?

The Federal Trade Commission’s 2024 amendments to the Negative Option Rule (commonly called “Click-to-Cancel”) may have been vacated by the Eighth Circuit for failing to comply with required rulemaking procedures, but the FTC is already moving to revive the rule through a new rulemaking. In practice, the rule was never entirely off the table: the FTC has continued to challenge negative option practices on a case-by-case basis under its other statutory authorities, especially the Restore Online Shoppers’ Confidence Act (ROSCA), which remains good law.

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“I’m Not Dead Yet”: Is the Demise of the FTC’s Click-to-Cancel Exaggerated?
The Federal Trade Commission’s 2024 amendments to the Negative Option Rule (commonly called “Click-to-Cancel”) may have been vacated by the Eighth Circuit for failing to comply with required rulemaking procedures, but the FTC is already moving to revive the rule through a new rulemaking. In practice, the rule was never entirely off the table: the FTC has continued to challenge negative option practices on a case-by-case basis under its other statutory authorities, especially the Restore Online Shoppers’ Confidence Act (ROSCA), which remains good law.
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