Revision of the Negative Option Rule, Withdrawal of the CARS Rule, Removal of the Non-Compete Rule To Conform These Rules to Federal Court Decisions

Document 2026-02866 is a Final Rule published by the Federal Trade Commission in the Federal Register on February 12, 2026, with an effective date of February 12, 2026. In light of Federal court decisions, the Federal Trade Commission ("FTC" or "Commission") is taking final action to conform three of its recent rules to the results ordered by the courts. First, the Commission is revising its recently amended "Rule Concerning Recurring Subscriptions and Other Negative Option Programs" ("Negative Option Rule") to recodify the text of the Negative Option Rule as it existed before the effective date of the Commission's 2024 final rule amending it. Second, the Commission is withdrawing its final rule titled "Combating Auto Retail Scams Trade Regulation Rule" ("CARS Rule"). Third, the Commission is removing its "Non-Compete Clause Rule" ("Non-Compete Rule") from the Code of Federal Regulations. View the original at https://www.federalregister.gov/documents/2026/02/12/2026-02866/revision-of-the-negative-option-rule-withdrawal-of-the-cars-rule-removal-of-the-non-compete-rule-to.

No. Document 2026-02866 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.