US Federal Senate Bill SJR160

US Federal 2025-2026 Regular Session

• Introduced: 4/13/26
• Refer: 4/13/26

Caption

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".

Summary

S.J. Res. 160 is a congressional disapproval resolution under the Congressional Review Act. It would nullify a Bureau of Consumer Financial Protection rule that withdrew CFPB Circular 2023-01, which addressed unlawful negative option marketing practices. If enacted, the resolution would make the withdrawal of that circular have no force or effect, effectively restoring the prior CFPB guidance or policy position on negative option marketing. The measure is narrowly focused on consumer finance and marketing practices involving negative option arrangements, such as subscriptions or offers that continue unless the consumer affirmatively cancels. It does not create a new regulatory regime; instead, it uses Congress’s CRA authority to overturn an agency action and preserve the earlier CFPB circular. The bill was introduced in the Senate and referred to the Committee on Banking, Housing, and Urban Affairs.

Impact

The resolution would affect federal administrative law by disapproving a CFPB rule under chapter 8 of title 5, U.S. Code, causing the withdrawal rule to have no legal effect. That would leave the underlying CFPB Circular 2023-01 in place as the operative agency position, influencing how negative option marketing practices are interpreted and enforced. The practical impact would fall on financial service providers, subscription businesses, marketers, and consumers subject to automatic renewal, trial conversion, and cancellation practices.

Sentiment

Based on the available record, the bill appears to be a targeted oversight measure rather than a broadly controversial policy change. No committee transcript or vote data is provided, so there is no recorded floor debate or roll-call sentiment to assess. The introduction of the resolution suggests support from sponsors for maintaining CFPB consumer-protection guidance, while the underlying disapproval mechanism indicates likely opposition from those favoring the agency’s withdrawal or reduced regulatory burden.

Contention

The main point of contention is whether the CFPB should retain or withdraw guidance on negative option marketing practices. Supporters of the resolution are likely to argue that the circular is necessary to protect consumers from deceptive subscription and cancellation practices, while opponents may view the CFPB action as overreach or unnecessary regulation of businesses. The dispute centers on consumer protection versus regulatory flexibility for companies that use recurring billing, free-trial conversions, and similar marketing models.