The Federal Trade Commission has overstepped its regulatory authority with its proposed changes to the “negative option rule” governing when a consumer has accepted a a company’s offer of products or services, industry groups told the agency Tuesday at an informal hearing.
The groups, including the National Cable & Telecommunications Association, said the FTC has moved forth with its proposal without a showing that changes are needed and without providing the organizations an opportunity to cross-examine agency personnel and make discovery requests for ex parte communications.