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Articles by Richard Cleland
FTC Negative Option Rulemaking Resumes in 2026: Key Compliance Risks for Subscription and Auto-Renewal Programs
Key Takeaways The Federal Trade Commission (“FTC”) restarts negative option rulemaking after the court vacated the 2024 rule. The agency’s March 2026 Advance Notice of Proposed Rulemaking (“ANPRM”) has placed a renewed focus on subscription, auto-renewal, and continuity programs under Section 5 of the FTC Act. Core compliance risks remain unchanged. Disclosure, consent, and cancellation requirements from the vacated 2024 rule are expected to reappear in revised form.
FTC Enforcement Priorities: What the Agency’s Actions Reveal About 2026 Risk | JD Supra
Key Takeaways FTC enforcement in 2026 is concentrated on subscription practices, telemarketing, earnings claims, and auto-renewal models, with ROSCA, TSR, and the Business Opportunity Rule driving significant civil penalty exposure. Privacy, data security, and impersonation violations remain priority targets, particularly where companies misrepresent data practices or falsely claim government or business affiliation.
The Pitch - June 2024 | JD Supra
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
A Guide to Understanding FTC’s Regulations for Endorsements and Testimonials in Influencer Advertising | JD Supra
Surprise, surprise, it turns out that the Federal Trade Commission (“FTC”) is serious about the misuse of endorsements and testimonials in advertising. In October 2021, the FTC sent out a Notice of Penalty Offenses to approximately 700 companies, warning them that certain acts or practices, based on FTC precedent in past litigated cases, violated the FTC Act and advertisers engaging in those practices could face substantial civil penalties.
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