6/23/2023–Digital Innovators Request an Opt-In from FTC for Further Discussion on the Negative Option Rule

(Washington, DC—6/23/2023) Today, ACT | The App Association submitted comments to the Federal Trade Commission (FTC) on the highly-contested Negative Option Rule.

The letter stated: “We write to share our views about the role of subscriptions in the digital economy, and to express our concerns with aspects of the FTC’s proposed regulatory updates, which would create new challenges to our growth and for the consumers who rely on our innovations, without public benefit.”

The App Association requested FTC before updating the Negative Option Rule:

• FTC is to partner with our community, consumers, and others impacted by FTC’s Negative Option Rule proposals to better understand the U.S. digital economy, the state of competition in the U.S. digital economy, and the role of subscriptions in meeting customer demands across the U.S. digital economy before advancing its proposals.
• FTC could gain this understanding through a series of public workshops that feature inclusive and open dialogues. FTC should also reorient its proposals to take outcome-based approaches that will preserve the ability for small businesses like App Association members to find unique ways to differentiate themselves in the market and in compliance, avoid ambiguities, and mitigate the potential for regulatory conflict with federal and state requirements for negative option offerings.

Full comment letter from the App Association can be read here.

Joint small business digital economy innovators comments can be read here.