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The rule expands the FTC’s restrictions on “negative option” offers, which automatically start, renew or expand a service unless a consumer takes action to stop it.

In her dissenting statement, Commissioner Melissa Holyoak said the rule not only exceeded the agency’s legal authority but also “incentivizes companies to avoid negative option features that honest businesses and consumers find valuable.”

The FTC said it’s “modernizing” the 1973 Negative Option Rule in order to carry out its mission of combating unfair and deceptive business practices.

At issue is the use of “negative option” plans, which presume that consumers accept an offer unless they affirmatively decline it — like a free trial that continues as a paying subscription.

This cancellation trap is often part of “negative option” marketing.