A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to the withdrawal of the rule relating to "Consumer Financial Protection Circular 2023-01: Unlawful Negative Option Marketing Practices".
Summary
This joint resolution proposes to use the Congressional Review Act to formally disapprove of a specific rule issued by the Bureau of Consumer Financial Protection (CFPB). The rule in question relates to the withdrawal of a previous circular regarding unlawful negative option marketing practices. Negative option marketing occurs when a seller interprets a customer's silence or failure to take an affirmative action as acceptance of an offer, such as automatic subscription renewals or trial-to-paid conversions. If this resolution were to be enacted, it would effectively nullify the CFPB's decision to withdraw its 2023 guidance on these practices. This would likely require the agency to maintain or reinstate its specific oversight and enforcement standards regarding how companies enroll consumers in recurring charges. The bill aims to ensure that federal protections against deceptive subscription and billing practices remain in place as originally intended by the agency's circular.