United States of America: United States Court of Appeals for the Eighth Circuit Heard consolidated oral arguments in lawsuit challenging Federal Trade Commission's Negative Option Rule

On 10 June 2025, the United States Court of Appeals for the Eighth Circuit heard consolidated oral arguments in five petitions for review, Nos. 24-3137, 24-3388, 24-3415, 24-3442, and 24-3469, challenging the final Negative Option Rule issued by the Federal Trade Commission (FTC) on 15 November 2024. The petitioners contended that the FTC exceeded its statutory authority under section 18 of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 57a, by failing to meet the specificity and prevalence requirements.