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FTC Act Rules, Penalties and Claims Checklist

FTC Act rules, 2026 penalty amounts and a six-step checklist for foreign-owned and cross-border businesses covering reviews, endorsements and subscriptions.

Last reviewed October 27, 2026 · 3 min read · General information, not legal advice

General information only, not legal advice. CPA Tax Payroll and Accounting Corp is a CPA firm, not a law firm. Laws change: confirm with the official source or a licensed attorney before you act. Read the full notice.

This page follows the overview with the FTC Act rules, 2026 penalty amounts and a checklist. Email marketing falls under CAN-SPAM, customer data under GLBA and HIPAA.

What are the main FTC Act rules?

RequirementIn plain wordsSource
No deceptionLikely to mislead a reasonable consumer on a material point15 U.S.C. 45
No unfairnessSubstantial injury buyers cannot reasonably avoid, not outweighed by benefits15 U.S.C. 45(n)
Honest endorsementsFTC guidance, not a rule: genuine opinions; disclose payment, free products or ties the audience would not expect16 CFR 255.0, 255.1, 255.5
Reviews RuleNo fake reviews or buying misleading ones, no incentives tied to a sentiment, insider reviews disclosed, no groundless threats to remove reviews16 CFR Part 465
Online subscriptionsDisclose terms before billing details, get express consent, offer a simple way to stop15 U.S.C. 8403

Key numbers and dates

ItemAmount or dateYear in force
Civil penalty per violation: FTC rule broken with knowledge, or final FTC order broken$53,088 (statute base $10,000)Assessed after January 17, 2025, unchanged for 2026
FTC rule milestones 2024 to 2026
  1. Reviews Rule takes effect
  2. Eighth Circuit vacates click-to-cancel amendments
  3. Older Negative Option Rule restored; noncompete rule removed
  4. No 2026 penalty adjustment

Source: Federal Register, eCFR

What has changed, and what is pending?

  • Click-to-cancel: vacated because the FTC skipped a required analysis. The online subscription statute still applies.
  • Noncompetes: a court set the 2024 rule aside, and the FTC dropped its appeals on September 5, 2025.

The Three-Flag Claims Pass: a named checklist

Named for the India, Canada and U.S. corridor, the Three-Flag Claims Pass reviews marketing from the U.S. buyer's side.

  1. List every express and implied claim in ads, pages and posts.
  2. Keep the evidence for each claim in one file before it runs.
  3. List everyone paid, gifted or related, in any country; require clear disclosure of unexpected ties.
  4. Check reviews: nothing fake, bought for sentiment or hidden.
  5. Walk the free-trial and cancel path as a U.S. buyer.
  6. Name who monitors agencies and influencers; an advertiser can be liable even when the endorser is not.

What mistakes recur?

  • Hiding a disclosure behind a click or hover.
  • Free products for reviews without disclosure, or only for positive ones.
  • Staff or relatives posting reviews without saying who they are.
  • Free trials that bill later with no clear consent or no simple cancel.

When should you bring in an attorney?

  • The FTC or a state attorney general sends a demand or subpoena.
  • Designing a subscription or review program that must satisfy federal online-subscription law, the Illinois Automatic Contract Renewal Act and the Reviews Rule.
  • A business abroad receives a U.S. agency letter; cross-border enforcement is for counsel.

How can we help?

We handle the U.S. tax, payroll and accounting side of foreign-owned businesses and work with your attorney, Canadian CPA or Indian CA. See bookkeeping and accounting and cross-border tax services.

Frequently asked questions

Does the FTC Act apply to a business in India or Canada?

It can, when a practice causes reasonably foreseeable U.S. injury or involves material conduct here. Ask an attorney about your facts.

Is the click-to-cancel rule in force?

No. It was vacated on July 8, 2025, and the older rule returned on February 12, 2026.

Can I offer a discount for a review?

Not if it is tied, expressly or by implication, to a particular sentiment. Other ties still call for disclosure under the FTC's guides.

Are FTC penalties higher in 2026?

No. The $53,088 amount continues.

Official sources

This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.