In October 2024, Ari Rothman, Shahin Rothermel, and Jay Prapaisilp published “Negative Option Offers: Positive Practices to Keep Them Compliant” with LexisNexis. The following is an excerpt:
This practice note provides an overview of the laws surrounding negative option marketing, continuity programs, and automatically renewing subscriptions. These programs are defined as offers in which consumers' silence or failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer.