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Commerce • Privacy

Can’t Cancel That Subscription? Here’s Why the FTC’s Fix Is on Hold

TBB Desk

1 hour ago · 13 min read

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TBB Desk

1 hour ago · 13 min read

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FTC logo with a padlock symbol, representing the Click-to-Cancel rule being on hold.
The FTC’s proposed Click-to-Cancel rule, designed to simplify subscription cancellations, is currently facing delays. (Illustrative AI-generated image).

Key Takeaways

The main points at a glance

  • The FTC Click-to-Cancel rule aimed to simplify subscription cancellations, mirroring the ease of sign-ups.
  • This rule is currently stalled due to a lawsuit by business groups claiming the FTC overstepped its authority.
  • Despite the stall, the FTC is still combating deceptive subscription practices through lawsuits against companies and consumer education.
  • Past FTC actions have resulted in significant fines for companies like Amazon and Vonage for difficult cancellation processes.
  • Consumers can protect themselves by carefully reading terms, researching cancellation policies before signing up, using subscription tracking tools, and filing complaints.
  • The future of the rule depends on the court’s decision, but legislative action or narrower FTC rules could also provide easier cancellation options.

You know the feeling. You try to cancel a streaming service or a gym membership. You click through page after page. They ask you to confirm three times. They offer you a discount. They make you call a number that puts you on hold for 20 minutes. You wonder: why is it so hard to leave?

That frustration is exactly what the Federal Trade Commission (FTC) tried to fix with a rule called the FTC Click-to-Cancel rule. The idea was simple: if you can sign up for a subscription with one click, you should be able to cancel it with one click too. No phone calls. No endless menus. No tricks.

But right now, that rule is not in effect. It’s stalled. That has left many consumers wondering: are we stuck with sneaky subscription cancellation practices for good?

The short answer: not necessarily. The FTC is still fighting back. But the road forward is complicated. Let’s break it down.

The Frustration of Subscription Cancellations

Subscription services are everywhere. Streaming platforms like Netflix, Hulu, and Disney+. Meal kit deliveries. Fashion boxes. Gym memberships. Cloud storage. Software licenses. The list goes on.

These services make it easy to sign up. Usually, you just enter your email and maybe a credit card number. Done. But when you want to cancel, the process often turns into a maze.

Some companies use what experts call “dark patterns.” These are design choices that trick users into doing something they don’t want to do. In the case of cancellations, dark patterns might include:

  • Hiding the cancel button in a deep menu.
  • Making the button hard to read or use.
  • Asking you to confirm multiple times.
  • Offering a discount or free month to keep you from leaving.
  • Requiring a phone call during business hours.
  • Making you chat with a customer service bot that tries to talk you out of leaving.

The FTC has gone after several companies for these practices. For example, in 2023, the agency took action against the online retailer Amazon for what it called “tricking” customers into signing up for Amazon Prime and then making it hard to cancel. Amazon agreed to pay a $30 million fine and changed some of its practices.

In another case, the FTC went after a company called Vonage, which made customers jump through hoops to cancel their phone service. Vonage ended up paying $100 million in refunds.

These cases show that the FTC has been watching sneaky cancellations for years. But the agency wanted a rule that would apply to everyone, not just the companies it sues.

That’s where the FTC Click-to-Cancel rule came in.

What Was the FTC Click-to-Cancel Rule?

The FTC Click-to-Cancel rule was part of a larger set of changes the FTC proposed in 2023. The rule would update an old law called the Negative Option Rule, which goes back to the 1970s.

The old rule dealt with things like record clubs and book-of-the-month clubs. You signed up, and if you didn’t cancel, you got a new product shipped to you every month. The rule required companies to be clear about the terms. But it didn’t say much about how easy it had to be to cancel.

The FTC Click-to-Cancel rule would have changed that. Under the proposed rule, companies would have to:

  • Let you cancel in the same way you signed up. If you signed up online, you could cancel online. No phone calls required.
  • Make the cancellation process just as simple as the sign-up process. No extra steps, no tricks.
  • Tell you upfront about all terms, including the length of the subscription and what happens when the free trial ends.

The FTC’s goal was to take the guesswork out of cancellation. If you wanted to leave, you could just click a button and be done. No hassle, no pressure, no hidden tricks.

The rule got a lot of attention. Consumer groups loved it. They said it would save people time, money, and frustration. Some companies pushed back. They argued that the rule would be hard to implement and that it might hurt businesses that rely on subscription revenue.

In the end, the rule made it through the FTC’s approval process. But that’s not the end of the story.

Why Is the FTC Click-to-Cancel Rule Stalled?

The FTC Click-to-Cancel rule is not in effect right now. Here’s why.

After the FTC voted to approve the rule, the next step was to publish it in the Federal Register. That’s the government’s official journal. Once published, the rule would take effect after a waiting period. But before that happened, a group of business groups sued to stop the rule.

These groups included the U.S. Chamber of Commerce and other trade associations. They argued that the FTC overstepped its authority. They said the rule was too broad and that it would hurt small businesses.

A federal court agreed to block the rule while the lawsuit goes forward. That means the rule cannot be enforced right now. It is not dead, but it is on hold.

The court case could take months or even years to resolve. If the business groups win, the rule could be thrown out for good. If the FTC wins, the rule could eventually take effect. But even then, it might be challenged again.

For now, consumers are stuck in limbo. The rule that promised to make cancellations easy is not available to help them.

What the FTC Is Doing Instead

Even though the FTC Click-to-Cancel rule is stalled, the FTC has not given up. The agency is still fighting subscription scams using other tools.

One of those tools is lawsuits. The FTC can still sue companies that use deceptive practices. That includes making cancellations hard. The agency has done this before, and it continues to do it.

For example, in 2024, the FTC took action against a company called Automators, which sold subscriptions for car maintenance reminders. The FTC said the company made it nearly impossible to cancel. People had to call a number that was often busy, and when they got through, they were pressured to stay. The company ended up paying refunds and changing its practices.

The agency also has an enforcement arm that watches for new types of scams. This includes subscription traps, where people are charged for services they never signed up for, and free trial offers that turn into expensive recurring charges.

In addition, the FTC is exploring what it calls “alternative approaches.” That could mean new rules that are narrower than the FTC Click-to-Cancel rule. It could also mean working with states to create stronger consumer protections at the local level.

The FTC has also been gathering public comments. In 2023, it asked people to share their experiences with subscription cancellations. Thousands of people wrote in with stories of frustration. The agency says it is using that feedback to shape its next moves.

Another approach is education. The FTC puts out guides for consumers on how to spot subscription scams and how to cancel services. The agency also warns people about “negative option” schemes, where you are automatically charged unless you cancel before a certain date.

But without a clear rule like the FTC Click-to-Cancel rule, the FTC’s work is slower and less consistent. Each case has to be proven in court. And not every bad practice gets caught.

Could the FTC Click-to-Cancel Rule Come Back?

Yes, it could. But it’s not a sure thing.

The court case will decide whether the FTC had the authority to create the FTC Click-to-Cancel rule. If the court sides with the FTC, the rule could go into effect after the lawsuit ends. That might take a year or more.

If the court sides with the business groups, the rule would be dead. But the FTC could try again with a different approach. For example, it could write a narrower rule that focuses on specific types of subscriptions, like gym memberships or streaming services. That might survive a legal challenge.

There is also the possibility of new legislation. Some members of Congress have talked about creating a federal law that would require easy cancellations. That law would be harder to overturn because it would come from elected officials, not a federal agency.

Consumer advocacy groups are pushing hard for the rule’s return. Groups like the Consumer Federation of America and Public Citizen have filed briefs in support of the FTC. They argue that the rule is needed to protect everyday people from unfair practices.

These groups say that subscription scams cost consumers billions of dollars each year. They point to studies showing that people often pay for services they no longer use simply because they can’t figure out how to cancel. The groups want the court to let the rule take effect.

At the same time, some companies are changing their practices on their own. After the FTC’s actions against Amazon and Vonage, other companies have started to make cancellations easier. For example, Netflix has always had a fairly simple cancellation process: you go to your account page and click “cancel.” Some other streaming services have followed suit.

But not all companies have changed. Gym memberships, in particular, are known for making cancellations hard. Some require you to go to the gym in person, during limited hours, and fill out a paper form. Others make you pay a cancellation fee or give 30 days’ notice.

What This Means for You

For now, you still have to be careful when you sign up for a subscription. The FTC Click-to-Cancel rule is not here to protect you yet. But you can take steps to protect yourself.

First, read the fine print before you sign up. Look for terms like “auto-renewal,” “free trial,” and “negative option.” These often mean that you will be charged automatically unless you cancel before a certain date.

Second, find out how to cancel before you sign up. Look for a cancellation policy on the website. If it seems hidden or confusing, that is a red flag. Some companies are required by state law to make this information easy to find.

Third, use a tool to track your subscriptions. There are apps that can help you see all your recurring charges in one place. You can also set reminders to cancel free trials before they turn into paid subscriptions.

Fourth, if you run into trouble, file a complaint with the FTC. The agency uses these complaints to find patterns and decide where to focus its enforcement. You can also complain to your state attorney general, who may have consumer protection laws that apply.

Some states have their own laws about subscription cancellations. For example, California has a law that requires companies to let you cancel online if you signed up online. Other states have similar rules. These state laws can help fill the gap while the federal rule is stalled.

It is also worth knowing your rights under the current federal law. The Negative Option Rule still exists, even if the FTC Click-to-Cancel rule does not. The old rule says that companies must clearly disclose the terms of any negative option plan. If a company tricks you into signing up or makes cancellation impossible, you may have a case for a refund.

Finally, keep an eye on the news. The court case about the FTC Click-to-Cancel rule is ongoing. If the rule eventually takes effect, it could make a big difference. In the meantime, the FTC is still watching. And the more people speak up about bad practices, the more likely it is that change will come.

The frustration of cancelling a subscription is real. But it is not hopeless. The FTC is still in the fight. And with smart choices and a little patience, you can still protect yourself from sneaky subscription practices.

Frequently Asked Questions

What is the FTC Click-to-Cancel rule?

The FTC Click-to-Cancel rule was a proposed regulation by the Federal Trade Commission. Its goal was to require companies to allow consumers to cancel subscriptions as easily as they signed up, typically with a single click online, without needing phone calls or navigating complex menus.

Why is the FTC Click-to-Cancel rule on hold?

The rule is on hold because a group of business organizations, including the U.S. Chamber of Commerce, sued the FTC. They argued that the agency exceeded its authority in creating the rule. A federal court agreed to block the rule while the lawsuit is being decided.

What happens if the business groups win the lawsuit?

If the business groups win, the FTC Click-to-Cancel rule could be permanently thrown out. This would mean the FTC would not be able to enforce this specific regulation, and companies could continue with their existing cancellation practices unless addressed by other means.

What is the FTC doing to protect consumers while the rule is stalled?

The FTC is still actively working to protect consumers. They are pursuing lawsuits against companies with deceptive cancellation practices, issuing refunds, and educating the public about subscription traps and negative option schemes. They are also exploring alternative approaches, such as narrower rules or working with state agencies.

How can I protect myself from difficult subscription cancellations now?

You should carefully read the fine print before subscribing, looking for terms like 'auto-renewal' or 'negative option.' Try to find the cancellation policy before signing up, and if it's hidden or confusing, consider it a red flag. Using subscription tracking apps and setting reminders for free trials can also help.

Are there any existing laws that help with subscription cancellations?

Yes, the original Negative Option Rule still applies, requiring clear disclosure of terms for automatic renewal plans. Additionally, some states have their own laws, like California's requirement for online cancellation if the sign-up was online, which can offer protection while the federal rule is pending.

Could the FTC Click-to-Cancel rule eventually take effect?

It's possible. If the FTC wins the lawsuit, the rule could go into effect after the legal process concludes, which might take a year or more. Alternatively, Congress could pass new legislation, or the FTC could propose a narrower rule that might face less legal challenge.

References

  • Are We Stuck With Sneaky Subscription Cancellation Practices? One Attorney Chimes In – Original report (CNET)
  • Are We Stuck With Sneaky Subscription Cancellation Practices? One Attorney Chimes In – CNET – This is a Google News RSS link to the same CNET article; no unique content was provided.
  • Click to Cancel, Consumer Protection, Dark Patterns, FTC, Subscriptions

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