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".

119th Congress

Disapproves and voids the Bureau of Consumer Financial Protection’s withdrawal of Circular 2023-01 on unlawful negative option marketing practices, reinstating no effect.

Introduced in House

Summary of H.J.Res. 183 (119th Congress, 2nd Session)

Purpose and intent

This joint resolution uses Congress’s power to disapprove a federal rule under the Congressional Review Act (chapter 8 of title 5, United States Code).

It would nullify a Bureau of Consumer Financial Protection (BCFP) rule concerning the withdrawal of a prior rule known as Consumer Financial Protection Circular 2023-01: “Unlawful Negative Option Marketing Practices.”

If enacted, the rule that withdrew Circular 2023-01 and its withdrawal would be voided and would have no legal effect.

Key provisions and changes

Disapproval mechanism: Congress “disapproves” the specific BCFP rule described as the withdrawal of the rule related to Circular 2023-01.

Regulatory effect: The bill states that, upon enactment, the referenced rule shall have no force or effect.

The targeted rule: The focus is the BCFP action withdrawing Circular 2023-01 titled “Unlawful Negative Option Marketing Practices,” with the relevant Federal Register references:

Original rule withdrawal: 88 Fed. Reg. 5727 (January 30, 2023)
Related withdrawal action: 90 Fed. Reg. 20086 (May 12, 2025)

Who or what would be affected

The effect would primarily impact the Bureau of Consumer Financial Protection and federal consumer financial protection regulatory actions that pertain to “unlawful negative option marketing practices.”

Stakeholders potentially affected include:

Companies and entities engaging in marketing practices involving negative options.
Consumers who would be affected by how such practices are regulated or prohibited.
Regulatory and legal institutions interpreting and enforcing BCFP guidance and rules related to marketing practices.

Procedural and timeline aspects

Status: Introduced in the House (May 12, 2026) by Ms. Bynum and referred to the Committee on Financial Services.

Legislative route: As a joint resolution under the Congressional Review Act, if passed by both chambers and signed by the President (or enacted under a veto override if applicable), the rule it targets would be nullified.

Policy effect timeline: The bill seeks immediate nullification of the specified rule’s withdrawal action; passage would prevent the withdrawal from having any operative effect.

Observations

The bill focuses narrowly on disapproval of one administrative rule action (the withdrawal of Circular 2023-01) rather than introducing new regulatory standards or broad changes to consumer protection authority.

It does not alter the underlying prohibition or allowances related to unlawful marketing practices itself; instead, it targets the regulatory step that withdrew a prior rule.

If you’d like, I can provide a brief comparison to related Congressional Review Act actions or potential implications for stakeholders based on the bill’s language.