Business Law Blog

New FTC “Click to Cancel” Rule: Is Your Business Compliant?

Posted by Amanda Butler Schley | Nov 07, 2024 | 0 Comments

In today's digital world, subscriptions have become a common part of our lives. From streaming services and fitness apps to meal kits and software tools, subscriptions offer us convenience at the click of a button. However, while signing up is usually simple, canceling these services has often proven frustratingly complex—leading to what's sometimes called “subscription trap” tactics. To combat this, the Federal Trade Commission (FTC) has introduced a new “Click to Cancel” rule, making it easier for consumers to end recurring subscriptions without hassle.

What Is the FTC's “Click to Cancel” Rule?

In essence, the “Click to Cancel” rule requires companies to streamline their subscription cancellation process to match the ease of signing up. Introduced in March 2023, this rule mandates that businesses selling subscription-based services online must provide a simple, straightforward way for consumers to cancel their services in the same manner they used to sign up.

Key components of the rule include:

  • Easy Cancellation: If customers can sign up online, they must also be able to cancel online without going through additional steps like calling customer service or filling out excessive forms.
  • Clear Communication: Companies must disclose key details about the service and any recurring charges upfront. If any material changes occur, such as price hikes or updated terms, businesses must notify customers and allow them to cancel before the changes take effect.
  • Consent for Add-Ons: When presenting offers or “upsells” during the cancellation process, businesses must obtain explicit consumer consent, avoiding any automatic renewals for additional services

Why Did the FTC Introduce This Rule?

The FTC has found that some companies use manipulative tactics to keep consumers in subscriptions they no longer want. Long hold times for phone cancellations, obscure cancellation links, and automatic renewals without adequate notice are just a few methods companies have used to make canceling more difficult than necessary. The new rule aims to address these issues, empowering consumers to manage their subscriptions with transparency and control.

How Does This Affect Businesses?

The “Click to Cancel” rule is a wake-up call for companies to review their cancellation practices and ensure compliance. While the rule may require businesses to adjust their existing systems, its benefits include increased consumer trust, reduced chargeback disputes, and a potential reduction in negative reviews related to subscription cancellation practices.

Non-compliance can lead to hefty fines and penalties. The FTC has made it clear that it will prioritize enforcement, setting a high standard for consumer protection in the digital marketplace.

What Should Consumers Know?

For consumers, this rule is a significant step towards fairer subscription practices. If you're signing up for a new service, it's worth checking if the company complies with the FTC's guidelines. You should be able to cancel without any extra hurdles, and any changes to your subscription terms should be clearly communicated.

If you find that a company is not following these rules, the FTC's complaint system allows consumers to report violations. Protecting your rights as a consumer is now simpler, thanks to the “Click to Cancel” rule.

Final Thoughts

The FTC's “Click to Cancel” rule represents a win for consumers in today's subscription-heavy economy, ensuring that companies can no longer trap consumers in complex cancellation processes. For businesses, this change may seem like a compliance hurdle but can ultimately foster greater loyalty and trust with customers.

We specialize in helping companies navigate regulatory changes like the new “Click to Cancel” rule, ensuring your operations stay both legally compliant and consumer-friendly.

About the Author

Amanda Butler Schley

Ranked as a Top Rated Business and Commercial Attorney, I have more than a decade of experience representing boutique hotels, family-owned businesses, privately owned restaurants, breweries, artists, executives and entrepreneurs.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Who We Are

Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

Awards