CFPB Circular 2023-01 Negative Option Marketing (Congressional Review)

Current understanding

CFPB Circular 2023-01 articulated the Bureau’s view that certain negative option marketing practices (e.g., auto-renewing subscriptions without clear disclosure or easy cancellation) can violate the CFPA’s prohibition on unfair, deceptive, or abusive acts and practices. The CFPB subsequently withdrew the circular, and a Senate joint resolution has been introduced under the Congressional Review Act (chapter 8 of title 5) seeking to disapprove that withdrawal — which, if enacted, would effectively reinstate the original guidance. Status: introduced; consumer-finance enforcement posture on negative option marketing is unsettled pending resolution.

Evidence log

• 2026-04-13 — 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”.: cross-connection with cfpb-circular-2022-04-data-protection: Both are CFPB circulars subject to Congressional Review Act joint resolutions of disapproval, illustrating a pattern of Congress using CRA to police CFPB sub-regulatory guidance (and its withdrawal). (novelty: 2)

Open questions

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