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Janis C. Kestenbaum on Muck Rack

Janis C. Kestenbaum

Washington, D.C.
As seen in: Reuters, The Hill, Legaltech News, Law360, JD Supra, American Bar Association, Bloomberg Tax, LexBlog
Partner @PerkinsCoieLLP, practicing privacy & consumer protection law; former senior advisor @FTC; tweets are mine alone.
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Articles

FTC Kicks Off New Negative Options Rulemaking

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By Janis C. Kestenbaum, D. Sean West
| JD Supra
The Federal Trade Commission (FTC) announced an Advance Notice of Public Rulemaking (ANPRM) formally restarting the rulemaking process to amend its Negative Option Rule addressing subscription offers, automatic renewals, and other negative option features on March 11, 2026. The ANPRM follows the U.S. Court of Appeals for the Eighth Circuit’s vacatur of an Biden-era expansion of the Negative Option Rule last summer (which we covered in detail in our previous post here) on procedural grounds.
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FTC Seeks to Revive Negative Option Rulemaking | JD Supra

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By Janis C. Kestenbaum, D. Sean West
| JD Supra
The Federal Trade Commission (FTC) has signaled its interest in making another attempt to update its rule imposing disclosure and other requirements on subscriptions and auto-renewals. On January 30, 2026, the FTC announced that it submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) to the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget to modify the rule.
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Privacy Law Recap 2025—FTC Enforcement | JD Supra

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By Erin Earl, Aaron Haberman, Janis C. Kestenbaum
| JD Supra
​ This past year saw significant change at the Federal Trade Commission, as Andrew Ferguson was appointed chairman by President Donald Trump, replacing Lina Khan, who served as chair during the Biden administration. Although Chairman Ferguson’s tenure began quietly, the year ended with an uptick in FTC enforcement activity.
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