In October 2024, Ari Rothman, Shahin Rothermel, and Jay Prapaisilp published “Negative Option Programs Checklist” with LexisNexis. The following is an excerpt:
This checklist provides best practices and considerations for companies implementing an automatic renewal program, including disclosure and consent requirements, the cancellation process, and required notices. This checklist also provides guidance to reduce the risks related to negative option programs and ways to prepare a defense in the event of a challenge.
For additional guidance, see Negative Option Offers: Positive Practices to Keep Them Compliant, Negative Option Marketing, and State Automatic Renewal Laws. For a full listing of related advertising and marketing content, see Advertising and Marketing Resource Kit.