• New Trials (and Tribulations) for Negative Option Marketers
  • April 15, 2010
  • Law Firm: Venable LLP - New York Office
  • On February 9, 2009 the Federal Trade Commission issued a staff report broadly defining "negative option marketing" as a "category of commercial transactions in which sellers interpret a customer's failure to take an affirmative action, either to reject an offer or cancel an agreement, as assent to be charged for goods or services." FTC staff identified five principles to guide online marketers in complying with Section 5 of the FTC Act.