CCIA Applauds Eighth Circuit Decision to Vacate FTC's Negative Option Rule

Washington, DC July 08, 2025 --(PR.com)-- The Consumer Credit Industry Association (CCIA) applauds today’s decision by the U.S. Court of Appeals for the Eighth Circuit to vacate the Federal Trade Commission’s (FTC) Negative Option Rule in its entirety.

The Eighth Circuit held that the FTC’s failure to issue a required Preliminary Regulatory Analysis (PRA) before finalizing the Rule was a fatal procedural deficiency under Section 22 of the Federal Trade Commission Act. The Court emphasized that this omission was not harmless and resulted in real prejudice to regulated parties, depriving them of the opportunity to submit informed public comment and help shape the rule.

“Vacating the Rule is appropriate because of the prejudice suffered by Petitioners as a ...