The Federal Trade Commission (FTC) has once again announced that it is seeking public comment on ways to improve existing regulations for negative option programs, including the existing Negative Option Rule. The FTC issued an...

Update – 7/8/2025: On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the FTC’s Negative Option Rule in its entirety, meaning that the Rule will not go into effect as scheduled...

The Massachusetts Attorney General has released final regulations (“the Final Regulations”) imposing obligations on businesses that offer auto-renewing subscriptions, as well as businesses that impose purportedly hidden or misleading fees (referred to as “junk fees”). The Final...

The U.S. Court of Appeals for the D.C. Circuit recently heard argument on a challenge to law enforcement’s increasingly common practice of obtaining nondisclosure orders (“NDOs”) that cover an entire investigation rather than an individual...

Four years after the Federal Trade Commission issued Orders, using its authority under Section 6(b) of the FTC Act, to nine social media and video streaming services, the Commission released a report detailing its findings. Below, we summarize...

Update – 7/8/2025: On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the FTC’s Negative Option Rule in its entirety, meaning that the Rule will not go into effect as scheduled...