FTC ANPRM re: Negative Option Plans. MONITORING. On Jan. 30, 2026, the Federal Trade Commission (FTC) announced that it submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) concerning the Rule Concerning the Use of Prenotification Negative Option Plans to the Office of Information and Regulatory Affairs (“OIRA”) within the Office of Management and Budget. This rule is commonly known as the Negative Option Rule. Executive Orders 12866 and 14215 require federal agencies to submit proposed and final “significant regulatory actions” for review by the OIRA.
This is a continuation of the FTC’s activity regarding the Negative Option Rule. Last year, the FTC adopted changes to the Negative Option Rule but those changes were later vacated by the Eighth Circuit Court of Appeals.
The FTC will publish the text of the proposed rule in the Federal Register once it has been reviewed by the OIRA.


