On January 30, 2026, the Federal Trade Commission (FTC) announced that it has issued two Advance Notices of Proposed Rulemaking (ANPRMs): one addressing fees in the rental housing market and the other related to subscription programs. The FTC has not yet made public the text of both ANPRMs. The rental-fee ANPRM will address what the FTC characterizes as deceptive or unfair charges in the rental housing market. The subscription rule revives the “click-to-cancel” rule vacated by the Eighth Circuit last year.
While the FTC’s focus on rental housing fees was not unexpected–Chairman Andrew Ferguson foreshadowed in December that he had directed Commission staff to begin developing a rule in this area–the procedural posture of the announcement was notable.
The FTC disclosed that it had submitted the ANPRMs to the Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), for review. Since 1993, most executive agencies have been required to submit “significant regulatory actions” to OIRA under Executive Order 12866. Independent agencies such as the FTC, however, were historically exempt from this requirement.
That changed in January 2025, when President Trump issued Executive Order 14215, which withdrew the independent-agency exemption for significant regulatory actions. As a result, the FTC’s submission of the ANPRMs to OIRA signals that the agency is now proceeding in accordance with the framework established by EO 12866 and EO 14215. The FTC’s press releases further note that OIRA determined both ANPRMs to be significant regulatory actions, triggering advance review.
The announcement follows a July 2025 Eighth Circuit decision vacating an FTC rule for failing to conduct required regulatory analyses. Although that decision rested on statutory—not executive‑order—requirements, it emphasized the importance of rigorous economic review. The FTC’s referral of these ANPRMs to OIRA may reflect a more litigation‑aware strategy.
Once OIRA completes its review, the FTC will publish the ANPRMs and begin receiving public comments. The contents of the ANPRMs—once released—will offer the first detailed insight into Chairman Ferguson’s regulatory priorities for 2026 and beyond.
