Eighth Circuit Strikes Down FTC ‘Negative Option’ Rule Intended to Protect Consumers

In Customized Communications, doing enterprise as Customized Alarm v. Federal Commerce Fee, 142 F.4th 1060 (eighth Cir. 2025) (per curiam), the U.S. Court docket of Appeals for the Eighth Circuit, in a per curiam opinion from Circuit Court docket Judges James Loken, Ralph Erickson and Jonathan Kobes, struck down a Federal Commerce Fee (FTC or the fee) shopper safety rule on the grounds that the company didn’t correctly comply with the statutory process and since the regulated corporations have been doubtless prejudiced by that omission.