Jason Cover

Troutman Pepper Locke

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Eighth Circuit Vacates FTC’s Negative Option Rule for Procedural Violations

On July 8, a panel for the U.S. Court of Appeals for the Eighth Circuit issued a significant decision in the case of Custom Communications, Inc. v. Federal Trade Commission (FTC). The panel vacated the FTC’s amended Negative...more

7/11/2025 / Administrative Procedure Act , Appeals , Enforcement Actions , Federal Trade Commission (FTC) , Negative Option Rule , Rulemaking Process , Statutory Authority , Subscription Services , Vacated

Lawsuit Filed Challenging FTC’s Final Negative Option Rule

Earlier this week, we discussed the Federal Trade Commission’s (FTC) final amendments to the Negative Option Rule, now retitled the Rule Concerning Recurring Subscriptions and Other Negative Option Programs. These amendments,...more

10/25/2024 / Antitrust Provisions , Cancellation Rights , Federal Trade Commission (FTC) , Final Rules , Marketing , Negative Option Rule , Regulatory Requirements , Subscription Services , Unfair or Deceptive Trade Practices

FTC Finalizes Amendments to Negative Option Rule

In March 2023, we discussed the Federal Trade Commission’s (FTC) Notice of Proposed Rulemaking (NPRM) aimed at making it easier for consumers to cancel recurring subscriptions and memberships. The proposed rule was part of...more

10/21/2024 / Antitrust Provisions , Cancellation Rights , Federal Trade Commission (FTC) , Final Rules , Marketing , Negative Option Rule , Regulatory Requirements , Subscription Services , Unfair or Deceptive Trade Practices

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