Advance Consent

ERA members have ongoing concerns regarding a legislative push in Congress focused on online Advance Consent Marketing (also known as Negative Option Marketing) coupled online Data Pass provisions. ERA has actively engaged both with Congress on the topic and the industry through educational offerings at and task force engagement since through the initial Senate hearings and subsequent action from the Card Associations of terminating merchant accounts for problematic marketers. 

ERA continues to hold the line in opposition to efforts to “fast track” this legislative proposal by its author and Chairman of the Senate Commerce Committee John D. Rockerfeller (D-WV).  Through ERA’s efforts, many onerous provisions have been removed from the original draft of the legislation as our press release  on these changes indicate. The current text of the legislation continues to be problematic and ERA will continue to work through the legislative process to improve provisions of concern.

We strongly encourage you to review the current applicable industry guidance at the following links: