D. Sean West

Perkins Coie

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Latest Posts › Final Rules

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Eighth Circuit Hears Challenges to FTC Negative Option Rule

On June 10, 2025, Judges Loken, Erickson, and Kobes of the U.S. Court of Appeals for the Eighth Circuit heard oral argument on consolidated challenges filed by a security services company and a number of trade associations...more

6/18/2025 / Administrative Procedure Act , Appeals , Federal Trade Commission (FTC) , Final Rules , Negative Option Rule , Proposed Rules , Regulatory Requirements , Rulemaking Process , Statutory Interpretation , Unfair or Deceptive Trade Practices

FTC “Click-To-Cancel” Rule Goes Into Effect May 14

Key Takeaways - - Beginning May 14, businesses offering "negative option features" can incur significant financial penalties for each violation of the FTC’s “click-to-cancel” rule. - The rule imposes obligations related to...more

5/8/2025 / Auto-Renewal , Cancellation Rights , Consumer Protection Laws , Disclosure Requirements , Federal Trade Commission (FTC) , Final Rules , Negative Option Rule , Penalties , Subscription Services , Unfair or Deceptive Trade Practices

FTC Finalizes “Click To Cancel” Rule With Substantial Requirements for Recurring Subscription Programs

The Federal Trade Commission (FTC) announced its final Negative Option Rule (the Rule)—which the FTC often refers to as the “Click to Cancel” rule—for automatically renewing subscriptions, free trials that convert to paid...more

11/6/2024 / Cancellation Rights , Consent , Consumer Contracts , Enforcement Actions , Federal Trade Commission (FTC) , Final Rules , Misrepresentation , Regulatory Requirements , Subscription Services , Terms and Conditions

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