On May 13, 2026, the Federal Trade Commission (“FTC”) announced that Shutterstock, Inc. had agreed to a $35 million settlement resolving allegations that the company engaged in unfair and deceptive subscription practices. The FTC asserted claims under Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act
Continue Reading FTC Settles with Shutterstock Over Subscription PracticesAutorenewals
FTC Negative Option Rule ANPRM
Posted in Autorenewals, FTC
On March 11, 2026, the Federal Trade Commission (“FTC” or “the Commission”) announced an Advanced Notice of Proposed Rulemaking (“ANPRM”) regarding its Rule Concerning the Use of Prenotification Negative Option Plans, commonly known as the Negative Option Rule (“the Rule”). This ANPRM signals the beginning of a rulemaking process that…
Continue Reading FTC Negative Option Rule ANPRMFTC Restarts Negative Option Rulemaking Process
By Terrell McSweeny, Laura Kim & Carter McCants on
The Federal Trade Commission (FTC) is poised to re-start a rulemaking process regarding disclosures and requirements for subscription and auto-renewing products and services. On January 30, 2026, the FTC submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) on the Rule Concerning the Use of Prenotification Negative Option Plans (the…
Continue Reading FTC Restarts Negative Option Rulemaking ProcessFTC Sues LA Fitness Operators for Unfair Gym Cancellation Policies
Posted in Autorenewals, FTC
On August 20, 2025, the Federal Trade Commission (“FTC”) sued Fitness International, LLC and Fitness & Sports Club LLC – the parent companies of LA Fitness and other gym chains – for violations of Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act (“ROSCA”) in connection with…
Continue Reading FTC Sues LA Fitness Operators for Unfair Gym Cancellation PoliciesFTC Secures $14 Million Settlement with Match Group Over Deceptive Subscription Practices
By Jehan Patterson & Carter McCants on
In August, the Federal Trade Commission (“FTC”) announced a $14 million settlement with Match Group, Inc. and Match Group, LLC (collectively, “Match”), the parent companies of online dating platforms Match.com, OkCupid, PlentyOfFish, and other dating sites. In addition to monetary relief, the settlement includes significant injunctive provisions aimed at addressing…
Continue Reading FTC Secures $14 Million Settlement with Match Group Over Deceptive Subscription PracticesStates Press Forward with Automatic Renewal Laws Amidst Vacating of the FTC’s Negative Option Rule
By Laura Kim, Andrew Siegel, Alexandra Remick & Munseong Park on
Autorenewal regulation has been a recent focus of both federal and state regulators. The U.S. Court of Appeals for the Eighth Circuit recently vacated the FTC’s Negative Option Rule on procedural grounds, but businesses need to remain vigilant of state regulatory requirements, including new ones that will take effect…
Continue Reading States Press Forward with Automatic Renewal Laws Amidst Vacating of the FTC’s Negative Option RuleFTC Targets Weight-Loss Membership Program
By Laura Kim, Andrew Siegel & Carter McCants on
In July, the Federal Trade Commission (“FTC”) announced that telemedicine company NextMed agreed to pay $150,000 to settle charges that it deceptively advertised its GLP-1 weight-loss membership programs to consumers. The FTC’s complaint alleged a host of deceptive practices under Sections 5 and 12 of the FTC Act, including making…
Continue Reading FTC Targets Weight-Loss Membership ProgramEighth Circuit Vacates FTC Negative Option Rule
Posted in Autorenewals, FTC
On July 8, 2025, the Eighth Circuit issued a per curiam decision that vacated the FTC’s revised Negative Option Rule in its entirety. The opinion will become effective when the court issues its mandate, which should happen within seven weeks unless the FTC seeks further review.
The Negative Option Rule…
Continue Reading Eighth Circuit Vacates FTC Negative Option Rule