Fixing the Subscription Trap

Subscription “traps” haven’t gone away – and neither has the need for stronger consumer protections. That’s why TINA.org has once again submitted a comment to the FTC, this time in response to its March 2026 Advance Notice of Proposed Rulemaking (ANPR) on the Negative Option Rule.

The issue is a familiar one to many. The sign-up process is seamless but once you find out there was a subscription tied to that enticing offer, canceling is anything but simple. Consumers attempting to get out of subscriptions regularly face confusing, time-consuming or even obstructed cancellation processes. These practices have fueled years of complaints, investigations and enforcement actions.

In 2024, the FTC tried to address the problem with an updated Negative Option Rule, widely known as the “Click-to-Cancel” Rule. It would have required online sellers to, among other things, provide clear disclosures, obtain consumers’ express consent and – most importantly – offer a cancellation process as easy as signing up.

But in 2025, the Eighth Circuit Court of Appeals vacated the amended rule on procedural grounds. The decision didn’t reject the substance of the protections – providing the FTC with the opportunity to go back and do the rulemaking process differently.

Now, with its March 2026 ANPR, the FTC is taking that second shot and is seeking public input on the matter.

TINA.org’s latest comment builds on its prior arguments: The marketing tactics at issue remain widespread, the harms are ongoing, and the need for a clear, enforceable standard has not changed. The ANPR is a critical opportunity to strengthen the Negative Option Rule and to provide “click-to-cancel” protections.

The bottom line is simple: Consumers should not be trapped in recurring payments through confusion or deception, and ending a subscription should not be harder than starting one.

Stay tuned for updates.