H.J.Res. 183119th CongressIntroduced May 12, 2026

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".

IntroducedFinance and Financial SectorSubstantive

Sponsor: Rep. Bynum, Janelle S. [D-OR-5]
Committees: Financial Services Committee (primary)
Last action: May 12, 2026

Bottom line

H.J. Res. 183 uses the Congressional Review Act to reverse a CFPB decision, thereby reinstating consumer protections against negative option marketing practices.

What it actually does

This joint resolution seeks to nullify a rule issued by the Bureau of Consumer Financial Protection (CFPB) that withdrew its previous guidance, Circular 2023-01, concerning "Unlawful Negative Option Marketing Practices." By disapproving the CFPB's withdrawal, the resolution effectively reinstates Circular 2023-01, ensuring that the CFPB's original guidance on these marketing practices remains in effect. This action is taken under the Congressional Review Act (CRA).

Proponents argue

Supporters of this resolution argue that the CFPB's withdrawal of Circular 2023-01 weakened crucial consumer protections against deceptive marketing tactics. They contend that negative option marketing, where consumers are automatically enrolled or charged unless they actively opt out, can lead to unfair charges and financial harm, especially for vulnerable populations. Reinstating the circular, they believe, ensures the CFPB can effectively police these practices and protect consumers from predatory schemes.

Opponents contend

Opponents of this resolution, who likely supported the CFPB's withdrawal of Circular 2023-01, would argue that the original circular imposed undue regulatory burdens on businesses. They might contend that it stifled innovation or created unnecessary compliance costs for legitimate businesses offering subscription services or similar models. They may also argue that existing consumer protection laws are sufficient and that the CFPB's circular was an overreach of its authority.

The bill text is extremely short and straightforward, allowing for quick comprehension of its direct action.

Section 1

Congressional Disapproval of CFPB Rule

prominently featuredstraightforward

This provision states that Congress disapproves of the rule submitted by the Bureau of Consumer Financial Protection (CFPB) on May 12, 2025, which withdrew its earlier guidance, Circular 2023-01, regarding unlawful negative option marketing practices. As a result of this disapproval, the CFPB's withdrawal rule will have no legal effect, meaning Circular 2023-01 will effectively remain in force. This action is taken pursuant to the Congressional Review Act (CRA).

GroupImpactMechanismScale

GroupConsumersImpactIncreased protection against deceptive marketing practicesMechanismReinstatement of CFPB guidance on negative option marketingScalePotentially broad, affecting all consumers engaging with businesses using negative option models.

GroupBusinesses using negative option marketingImpactIncreased regulatory scrutiny and compliance requirementsMechanismCFPB Circular 2023-01 remains in effect, guiding enforcement actions.ScaleAffects businesses across various sectors (e.g., subscriptions, trials, automatic renewals).

Supporters argue

Supporters argue that maintaining Circular 2023-01 is essential to protect consumers from predatory negative option marketing schemes, which can lead to unwanted charges and financial exploitation. They believe the CFPB's original guidance provided necessary clarity and enforcement tools to curb such practices.

Critics contend

Opponents contend that the original Circular 2023-01, and thus its reinstatement, imposes unnecessary burdens and costs on businesses, potentially hindering legitimate commercial activities that rely on subscription or auto-renewal models. They might argue that the guidance was overly broad or vague, leading to compliance challenges.

Tradeoffs

The provision navigates the tension between consumer protection from potentially deceptive marketing practices and the regulatory burden placed on businesses that utilize negative option models. It also reflects a broader debate on the scope of the CFPB's regulatory authority.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.