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Exception Tracking Spreadsheet (TicklerTrax™)
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FTC publishes policy on negative option marketing

The Federal Trade Commission has published [86 FR 60822] in this morning's Federal Register a policy statement to provide guidance regarding its enforcement of various statutes and FTC regulations addressing negative option marketing and operating. The Statement is intended to assist the business community and practitioners by providing specific guidance on the Commission's interpretation of existing law as it applies to negative option practices. It may also assist the courts in developing an appropriate framework for interpreting and applying the various statutes and regulations addressing negative option marketing.

Negative option offers come in a variety of forms, but all share a central feature: Each contains a term or condition under which the seller may interpret a consumer's silence or failure to take affirmative action to reject a good or service or to cancel the agreement as acceptance or continuing acceptance of the offer. Such offers are often involved in consumer claims of unauthorized credit card or debit card charges.

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