United States:
FTC Chooses Not To Update Negative Option Rule
07 August 2014
Arent Fox LLP
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As part of the Federal Trade Commission's (FTC) regular rule
and guidelines review process, it recently reviewed the rule
governing the "Use of Prenotification Negative Option
Plans" (Negative Option Rule). Under a "prenotification
negative option" plan, consumers receive periodic
announcements of upcoming merchandise shipments and have a set
period of time to decline the shipment. If the consumer fails to
decline the shipment, the company ships the merchandise and bills
the consumer. The Negative Option Rule requires sellers to clearly
disclose the terms of any such negative option plan before
consumers subscribe.
* This article was originally published in Behind the
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