WASHINGTON, D.C. — U.S. Senators John Fetterman (D-PA) and Chris Van Hollen (D-MD) have reintroduced legislation aimed at curbing deceptive online subscription practices, responding to growing frustration among consumers over misleading free trials and hard-to-cancel recurring payments.
The Consumer Online Payment Transparency and Integrity (Consumer OPT-IN) Act seeks to shift the burden away from consumers and onto businesses by requiring clearer disclosures, regular consent renewals, and easy cancellation options.
“It should be just as easy to cancel a subscription as it is to start one, plain and simple,” said Fetterman, highlighting the common experience of struggling to cancel online services. Van Hollen added, “Our legislation puts consumers in control – offering them an easy way out of subscription traps and holding companies accountable.”
The renewed push comes after a federal appeals court recently struck down the Federal Trade Commission’s “click to cancel” rule on procedural grounds, allowing companies to continue using tactics that critics call “dark patterns” — deceptive interface designs that make unsubscribing intentionally difficult.
Key provisions in the Consumer OPT-IN Act include:
- Requiring businesses to obtain explicit, informed consent before converting free trials into paid subscriptions.
- Mandating renewal notifications and annual consent for short-term auto-renewing contracts.
- Prohibiting companies from billing users who haven’t used a service for six months without renewed consent.
- Authorizing refunds when companies violate these terms.
- Empowering the FTC with rulemaking authority to further regulate dark patterns and negative-option marketing.
Supporters argue the legislation addresses long-standing industry abuses that cost Americans millions. Over the past five years, the FTC has issued at least $110 million in refunds related to misleading subscription practices, but advocates say more robust enforcement is needed.
The bill is backed by a broad coalition of consumer protection organizations, including Public Citizen, Consumer Action, and the National Consumer Law Center.
In addition to Fetterman and Van Hollen, the legislation is cosponsored by Senators Blumenthal, Gillibrand, Hirono, Luján, Merkley, Reed, Sanders, Welch, and Wyden. A companion bill is also being introduced in the House.
As online subscriptions proliferate, lawmakers say consumers deserve transparent terms and a fair chance to opt out — not be trapped by corporate fine print.
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