Appeals, Negative Option Rule, Vacated

Eighth Circuit Vacates FTC’s Click-to-Cancel Rule

Bass, Berry & Sims PLC on 7/14/2025

On July 8, the U.S. Court of Appeals for the Eighth Circuit issued a unanimous opinion in Custom Communications Inc. v. Federal Trade Commission that vacates the Federal Trade Commission’s (FTC) Rule Concerning Recurring...more

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

Troutman Pepper Locke on 7/11/2025

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

Rule Interrupted: “Click-to-Cancel” is “Click-to-Gone”

Dickinson Wright on 7/11/2025

The Federal Trade Commission’s (FTC) negative option rule, better known as the “Click-to-Cancel” rule, which was set to go into effect July 14, 2025, has been vacated in its entirely by the Eighth Circuit in Custom...more

Eighth Circuit Vacates FTC's Negative Option Rule

Hudson Cook, LLP on 7/10/2025

On July 8, 2025, the Eighth Circuit issued an opinion that vacated the FTC's Negative Option Rule in its entirety. The FTC's compliance deadline for the Rule, which had been extended once, was set to go into effect on July...more

FTC’s Click to Cancel Rule is Vacated, But Remember It Was Not Alone

Womble Bond Dickinson on 7/10/2025

What happened and why? On July 8, 2025, a unanimous three-judge panel of the Eighth Circuit Court of Appeals vacated the updated version of the FTC’s Negative Option Rule (also known as the “click to cancel” rule) to have...more

Eighth Circuit Cancels FTC Negative Option Rule: What Does It Mean?

Venable LLP on 7/9/2025

The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative Option Plans (often referred to as the “Click-to-Cancel” rule) on July 8, just days...more