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 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.

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