Author: Bradley O. Cebeci

Reading Time: 3 minutesOn July 8, 2025, the Eighth Circuit Court of Appeals issued a ruling vacating the FTC’s Negative Option Rule, concluding that the FTC failed to comply with statutory rulemaking procedures. Because the U.S. Judicial Panel on Multidistrict Litigation consolidated all four petitions previously pending in the Fifth, Sixth, Eighth and Eleventh Circuits in the United States Court of Appeals for the Eighth Circuit, this ruling decided the issue in a single stroke and offers relief to marketers who would have been subject to broad new obligations.

Reading Time: 9 minutesA brief survey of the FTC’s New Click-to-Cancel Rule, the recently amended California Automatic Renewal Law, ROSCA, and the Visa and Mastercard Negative Option Rules.