Congress moves to restore consumer rule on deceptive auto-renewals
S.J.Res. 160 — 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". · Filed by Kirsten Gillibrand (D-NY) · Introduced Apr 13, 2026 · Referred to committee
Your members of Congress
Enter a ZIP to see where your representative and both senators stood on this bill.
Looked up on this device — your ZIP is never stored on our servers.
What it does
This resolution blocks the CFPB's 2025 decision to withdraw its 2023 rule against deceptive negative-option marketing (like auto-renewing subscriptions that are hard to cancel). By disapproving the withdrawal, Congress restores the consumer protection rule, making it enforceable again and requiring companies to obtain clear affirmative consent before charging customers for recurring charges.
Why we flagged it
This is a Congressional Review Act (CRA) disapproval resolution that restores a withdrawn consumer-protection rule. It is a procedural instrument designed to reverse an agency action that had rescinded a substantive protection, not to create new policy.
What the text implies
- If passed, this resolution would override the CFPB's regulatory judgment and lock in the 2023 rule unless the CFPB formally re-proposes a withdrawal through notice-and-comment rulemaking, raising the bar for future deregulation.
- Companies currently relying on looser negative-option practices (or those that shifted practices after the 2025 withdrawal) would face immediate compliance obligations and potential enforcement liability retroactively.
The full analysis lists 3 implications of this text.
Who it affects
Ordinary consumers gain enforceable protection against predatory auto-renewal and negative-option marketing schemes that exploit inattention and friction in cancellation. The restored rule requires explicit opt-in consent, reducing hidden charges and giving people clearer control over recurring payments.