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On February 12, 2026, the Commission issued a final rule implementing the Eighth Circuit Court of Appeal’s decision to vacate the 2024 Final Rule by revising the Negative Option Rule (16 CFR part 425) to recodify the text of the Rule as it existed before the 2024 Final Rule amendments became effective. 91 FR 6507 (Feb. 12, 2026). The rule's official title is reverting from Rule Concerning Recurring Subscriptions and other Negative Option Programs back to Rule Concerning Use of Prenotification Negative Option Plans.

Separately, on March 13, 2026, the Commission issued an Advance Notice of Proposed Rulemaking asking whether the Commission should adopt rules about online subscriptions and cancellations. 91 FR 12318 (Mar. 13, 2026).