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Eighth Circuit Vacates FTC Negative Option Rule, What’s Next?

Key Takeaways - - The Eighth Circuit vacated the FTC’s Negative Option Rule due to the agency’s failure to issue a required preliminary regulatory analysis during the rulemaking process. The ruling comes just days before the...more

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

FTC (Finally) Publishes Amended COPPA Rule: Compliance Deadlines Set

On April 22, 2025, the Federal Trade Commission published in the Federal Register the amendments to the Children’s Online Privacy Protection Act (COPPA) rule it announced on January 16, 2025. ...more

FTC Enforcement Priorities Take Shape With Resource Cuts in Mind

Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda. In balancing enforcement with fewer anticipated...more

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

FTC Proposes Rule Addressing Use of AI To Impersonate Individuals

The Federal Trade Commission (FTC) issued a supplemental notice of proposed rulemaking (SNPRM) on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide...more

Federal Legislation Seeks To Change Online Child Safety Reporting Obligations and Impose Content Safety Obligations

A significant number of federal legislative proposals that focus on online child safety have been introduced. If enacted, they would modify online providers’ obligations to remove and report child sexual exploitation (CSE)...more

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