The "Unsubscribe Act of 2025" seeks to significantly increase consumer protection against practices involving negative option contracts , which are agreements where a consumer's silence or inaction is interpreted as acceptance or renewal. The bill makes it unlawful for merchants to charge consumers through such options without first providing clear and conspicuous disclosure of all material contract terms. A core provision requires merchants to obtain express informed consent from consumers before charging them via a negative option, explicitly excluding consent inferred from inactivity, silence, or pre-checked boxes. This consent must be verifiable for at least three years. For contracts with an introductory period, automatic renewals for a period longer than the preliminary term are prohibited without new express informed consent from the consumer. The legislation also mandates accessible cancellation methods; for electronically entered contracts, a simple online mechanism, such as a direct link to an electronic form, must be provided. For other contracts, cancellation must be available through similar means as the contract was entered. Special rules apply to free-to-pay conversion contracts , requiring detailed notifications and express informed consent before any charges, and further notifications before the first charge after an introductory period or any price increase. Enforcement of these provisions falls under the purview of the Federal Trade Commission , treating violations as unfair or deceptive acts, and empowering it with rulemaking authority. Additionally, State Attorneys General can bring civil actions to protect residents, with provisions for notifying and allowing intervention by the FTC. State laws offering greater consumer protections are not preempted by this Act.
The "Unsubscribe Act of 2025" seeks to significantly increase consumer protection against practices involving negative option contracts , which are agreements where a consumer's silence or inaction is interpreted as acceptance or renewal. The bill makes it unlawful for merchants to charge consumers through such options without first providing clear and conspicuous disclosure of all material contract terms. A core provision requires merchants to obtain express informed consent from consumers before charging them via a negative option, explicitly excluding consent inferred from inactivity, silence, or pre-checked boxes. This consent must be verifiable for at least three years. For contracts with an introductory period, automatic renewals for a period longer than the preliminary term are prohibited without new express informed consent from the consumer. The legislation also mandates accessible cancellation methods; for electronically entered contracts, a simple online mechanism, such as a direct link to an electronic form, must be provided. For other contracts, cancellation must be available through similar means as the contract was entered. Special rules apply to free-to-pay conversion contracts , requiring detailed notifications and express informed consent before any charges, and further notifications before the first charge after an introductory period or any price increase. Enforcement of these provisions falls under the purview of the Federal Trade Commission , treating violations as unfair or deceptive acts, and empowering it with rulemaking authority. Additionally, State Attorneys General can bring civil actions to protect residents, with provisions for notifying and allowing intervention by the FTC. State laws offering greater consumer protections are not preempted by this Act.