Petition for Review - Petition for Review - Negative Option Rule (RIN 3084-AB60)

Oct 6, 2026

Uploaded by Fahsai

Petitioners Electronic Security Association, Interactive Advertising Bureau, and NCTA-The Internet & Television Association file a Petition for Review in the U.S. Court of Appeals for the Fifth Circuit challenging the Federal Trade Commission’s Final Rule in the Negative Option Rule (RIN 3084-AB60), issued October 16, 2024. The petition argues the rule is arbitrary, capricious, unsupported by substantial evidence, and beyond the Commission’s statutory authority. Petitioners request the court to hold the Final Rule unlawful, vacate, enjoin, and set it aside, and seek further appropriate relief.

LanguageEnglish

CategoryExam

FormatPDF

Pages240

Reading Time10 h 5 min

AccessFree to download

Petition for Review

Parties and Case Information

Certificate of Interested Persons

Grounds for Review and Requested Relief

Certificate of Electronic Submission

Case: 24-60542 Document: 1-2 Page: 1 Date Filed: 10/23/2024 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ELECTRONIC SECURITY ASSOCIATION, INTERACTIVE ADVERTISING BUREAU, and NCTA – THE INTERNET & TELEVISION ASSOCIATION, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent. Case No. 24- Oct. 22, 2024 PETITION FOR REVIEW Allyson N. Ho Brad G. Hubbard Brian A. Richman GIBSON, DUNN & CRUTCHER LLP 2001 Ross Avenue Suite 2100 Dallas, TX 75201-2923 Helgi C. Walker Lucas C. Townsend Michael P. Corcoran Lael Weinberger Andrew Ebrahem GIBSON, DUNN & CRUTCHER LLP 1700 M Street, N.W. Washington, DC 20036 (202) 955-8500 [hwalker@gibsondunn.com](hwalker@gibsondunn.com) Counsel for Petitioners Case: 24-60542 Document: 1-2 Page: 2 Date Filed: 10/23/2024 CERTIFICATE OF INTERESTED PERSONS The undersigned counsel of record certifies that the following listed persons and entities as described in the fourth sentence of Fifth Circuit Rule 28.2.1 have an interest in the outcome of this case. These representations are made in order that the judges of this Court may evaluate possible disqualification or recusal. Further, pursuant to Federal Rule of Appellate Procedure 26 . 1, the undersigned counsel of record certifies that there are no corporations that are either parents of any petitioner or that own stock in the petitioners. A. Petitioners 1. Electronic Security Association 2. Interactive Advertising Bureau 3. NCTA – The Internet & Television Association B. Attorneys for Petitioners Helgi C. Walker Lucas C. Townsend Michael P. Corcoran Lael Weinberger Andrew Ebrahem Gibson, Dunn & Crutcher LLP 1700 M Street, N.W. Washington, DC 20036 Case: 24-60542 Document: 1-2 Page: 3 Date Filed: 10/23/2024 Allyson N. Ho Brad G. Hubbard Brian A. Richman Gibson, Dunn & Crutcher LLP 2001 Ross Avenue Suite 2100 Dallas, TX 75201 C. Respondent Federal Trade Commission D. Attorneys for Respondent Anisha Dasgupta General Counsel Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, D. C. 20580 Dated: October 22 , 2024 Allyson N. Ho Brad G. Hubbard Brian A. Richman GIBSON, DUNN & CRUTCHER LLP 2001 Ross Avenue Suite 2100 Dallas, TX 75201-2923 Respectfully submitted, /s/ Helgi C. Walker Helgi C. Walker Lucas C. Townsend Michael P. Corcoran Lael Weinberger Andrew Ebrahem GIBSON, DUNN & CRUTCHER LLP 1700 M Street, N.W. Washington, DC 20036 (202) 887-3599 [hwalker@gibsondunn.com](hwalker@gibsondunn.com) Counsel for Petitioners Case: 24-60542 Document: 1-2 Page: 4 Date Filed: 10/23/2024 PETITION FOR REVIEW Pursuant to 5 U. S. C. §§ 702–704, 706, 15 U. S.C. § 57a(e), and Federal Rule of Appellate Procedure 15(a), the Electronic Security Association, Interactive Advertising Bureau, and NCTA – The Internet & Television Association petition this Court for review of the order issuing the Final Rule of the Federal Trade Commission in Negative Option Rule, RIN 3084-AB60 (“Final Rule”) , issued on October 16, 2024. A copy of the Final Rule is attached as Exhibit A. Venue is proper in this Circuit under 15 U. S. C. § 57a(e)(1)(A) because petitioner Electronic Security Association’s principal offices are located in Dallas, Texas. The Final Rule is an attempt to regulate consumer contracts for all companies in all industries and across all sectors ofthe economy in which the customer purchases a service or subscription that will continue unless the customer exercises the option to cancel. The Final Rule calls these “negative option” contracts—estimated as covering over a billion paid subscriptions in the United States, Final Rule at 175—and deems them all to be deceptive unless they comply with onerous new regulatory obligations regarding disclosures, how those disclosures are Case: 24-60542 Document: 1-2 Page: 5 Date Filed: 10/23/2024 communicated, a “separate” consent requirement, regulations of truthful company

FAQs

Who are the petitioners challenging the FTC Final Rule?

Electronic Security Association, Interactive Advertising Bureau, and NCTA-The Internet & Television Association.

What rule is being challenged in this petition?

The Federal Trade Commission’s Final Rule in the Negative Option Rule, RIN 3084-AB60, issued October 16, 2024.

What relief do petitioners request from the Fifth Circuit?

The court should hold the Final Rule unlawful, vacate it, enjoin it, set it aside, and grant any additional appropriate relief.

Oct 6, 2026

Uploaded by Fahsai