What just happened? The FTC's enforcement of the amended Negative Option Rule, often known as the click-to-cancel rule, has been delayed by two months after the agency voted to defer the compliance deadline. The rule will likely be welcomed by consumers as it forces companies that offer subscriptions to make canceling them a simple process, instead of the often complex – sometimes intentionally – procedure that many firms have in place.
It was back in March 2023 when the FTC proposed a click to cancel provision that would require companies to make the process of canceling recurring subscriptions as simple as signing up for them.
The Rule Concerning Subscriptions and Other Negative Option Plans was ratified by the FTC in a 3-2 vote in October 2024. It amends the Negative Option Rule first introduced in 1973.
A negative-option offer is any deal where a seller treats your silence – or failure to take a specific action – as permission to be charged or sent goods. Typical examples are subscription boxes that keep shipping (and billing) until you cancel, free trials that roll into paid plans, or "book-of-the-month" style clubs that ship unless you say "no."
In a move that surprised no one, companies from the telecom, advertising, and newspaper industries – those renowned for making their subscriptions so hard to cancel that it puts people off even trying – filed multiple lawsuits to block the click-to-cancel regulation the same month it was passed. The US Chamber of Commerce, the Interactive Advertising Bureau, the Electronic Security Association, and the Internet and Television Association (NCTA) argued that the rule limits a firm's ability to talk customers out of canceling their cable or other services. They also claimed it violated companies' First Amendment protections.
The FTC says that the rule actually went into effect on January 19, but the enforcement of some provisions was delayed until May 14. Now, the FTC has voted 3-0 to delay enforcement for 60 days, pushing the date to July 14, 2025.
The FTC writes that the reason for the delay is to give companies ample time to adjust their systems and procedures so they adhere to the rule and make canceling their subscriptions easier. Businesses were already given 180 days to comply, but it seems the FTC now believes they need another two months.
While companies will still be able to offer free trials, canceling them and other subscriptions should be a much less arduous task in the future – certainly nothing that involves phone calls and keeping customers on hold for so long that they simply give up.
Masthead: Elisa Ventur; center: Marques Thomas
FTC delays click-to-cancel rule enforcement, giving companies more time to simplify cancellations