{"id":3242,"date":"2025-07-16T13:05:24","modified":"2025-07-16T13:05:26","slug":"fetterman-van-hollen-introduce-bill-to-protect-consumers-from-online-subscription-traps","link":"https:\/\/www.fetterman.senate.gov\/fetterman-van-hollen-introduce-bill-to-protect-consumers-from-online-subscription-traps\/","title":{"rendered":"Fetterman, Van Hollen Introduce Bill to Protect Consumers from Online Subscription Traps"},"content":{"rendered":"\n<p><strong>WASHINGTON, D.C. \u2013&nbsp;<\/strong>This week, U.S. Senators John Fetterman (D-PA) and&nbsp;Chris Van Hollen (D-MD) reintroduced the&nbsp;<em>Consumer Online Payment Transparency and Integrity (Consumer OPT-IN) Act<\/em>, bicameral legislation to protect consumers from online \u201cfree trial\u201d scams and hard-to-cancel recurring-payment programs. The lawmakers\u2019 bill puts the responsibility on companies, rather than consumers, when it comes to subscriptions and memberships, including requiring a shift from \u201copt-out\u201d conditions to \u201copt-in.\u201d<\/p>\n\n\n\n<p>\u201cIt should be just as easy to cancel a subscription as it is to start one, plain and simple. For too long, corporations have tricked consumers into paying for their services for longer than they wanted, whether it\u2019s through deceptive free trials or hard-to-end recurring payments. I\u2019ve been there just like too many other Pennsylvanians, sitting on hold trying to cancel a subscription,\u201d&nbsp;<strong>said Senator Fetterman.<\/strong>&nbsp;\u201cI\u2019m proud to join my colleagues to introduce the&nbsp;<em>Consumer OPT-IN Act<\/em>&nbsp;to hold these companies accountable and put consumers back in charge of their hard-earned money.\u201d<\/p>\n\n\n\n<p>\u201cWhile companies have made it easier than ever to sign up for subscription-based services, too many Americans know the frustration of jumping through endless hoops to get out of them. Corporate special interests are pushing to preserve the status quo so they can pad their profits by keeping consumers locked into unwanted subscriptions, but we will keep fighting back. Our legislation puts consumers in control \u2013 offering them an easy way out of subscription traps and holding companies accountable for these deceptive practices,\u201d&nbsp;<strong>said Senator Van Hollen.<\/strong><\/p>\n\n\n\n<p>This reintroduction comes after the U.S. Court of Appeals for the Eight Circuit last week vacated the Federal Trade Commission\u2019s (FTC) 2023&nbsp;<a href=\"https:\/\/urldefense.com\/v3\/__https:\/www.ftc.gov\/news-events\/news\/press-releases\/2023\/03\/federal-trade-commission-proposes-rule-provision-making-it-easier-consumers-click-cancel-recurring__;!!Bg5easoyC-OII2vlEqY8mTBrtW-N4OJKAQ!Jyn2SJ3GQm5CwsDLrrstrEWhqjBMzmOCUFQFQW2WkgGoBqHeKx2haJ7s5dMk2ckAwD9mVInrK5feOG4EV8avOiWVAdkJ-O2Q9sEd1Iqhrbwa$\">\u201cclick to cancel\u201d<\/a>&nbsp;rule, which would have taken effect today and complemented this legislation by making it easier to get out of unwanted subscriptions. As a result of this ruling, businesses are free to continue using deceitful practices that trap consumers into making recurring payments that they never intended to make \u2013 underscoring the need to codify into law the \u201copt-in\u201d requirements in this legislation.<\/p>\n\n\n\n<p>Companies increasingly use free trial offers and unclear terms and conditions to trap consumers into subscriptions. Additionally, companies often use software and interfaces that subtly trick users, called&nbsp;<a href=\"https:\/\/urldefense.com\/v3\/__https:\/www.ftc.gov\/news-events\/news\/press-releases\/2022\/09\/ftc-report-shows-rise-sophisticated-dark-patterns-designed-trick-trap-consumers__;!!Bg5easoyC-OII2vlEqY8mTBrtW-N4OJKAQ!Jyn2SJ3GQm5CwsDLrrstrEWhqjBMzmOCUFQFQW2WkgGoBqHeKx2haJ7s5dMk2ckAwD9mVInrK5feOG4EV8avOiWVAdkJ-O2Q9sEd1FaOy2Xm$\">dark patterns<\/a>, making it harder for consumers to end these subscriptions and stop unwanted charges. While the FTC has dedicated significant resources to combatting the worst of these business practices, resulting in at least $110 million worth of refunds returned to consumers over the past five years, more action is needed. To more effectively deter companies from employing these practices and better protect and inform consumers, the&nbsp;<em>Consumer OPT-IN Act&nbsp;<\/em>would limit the use of deceptive tactics and impose stricter notification requirements on companies.<\/p>\n\n\n\n<p><strong>The&nbsp;<em>Consumer OPT-IN Act<\/em>&nbsp;will protect consumers from deceptive free trials and marketing tactics by:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Requiring companies to get express informed consent from consumers before converting free trials into automatically renewing contracts and charging consumers;<\/li>\n\n\n\n<li>Requiring companies to notify consumers of the first automatic renewal and obtain express informed consent from consumers before automatically renewing long term contracts;<\/li>\n\n\n\n<li>Requiring that companies offering contracts that automatically renew on a short-term basis get express informed consent from consumers annually;<\/li>\n\n\n\n<li>Requiring companies that have knowledge that a consumer isn\u2019t using their products or service for 6 months to get the consumer\u2019s express informed consent to continue billing, and allowing consumers to request a refund for the remaining portion of the contract;<\/li>\n\n\n\n<li>Providing consumers with refunds when violations occur;<\/li>\n\n\n\n<li>Giving the FTC rulemaking authority over negative option contracts, automatic renewals, and dark patterns.<\/li>\n<\/ul>\n\n\n\n<p><\/p>\n\n\n\n<p>In the Senate, the&nbsp;<em>Consumer OPT-IN Act<\/em>&nbsp;is cosponsored by&nbsp;Senators Richard Blumenthal (D-CT), Kirsten Gillibrand (D-NY), Mazie Hirono (D-HI), Ben Ray Luj\u00e1n (D-NM), Jeff Merkley (D-OR), Jack Reed (D-RI), Bernie Sanders (I-VT), Peter Welch (D-VT), and Ron Wyden (D-OR).&nbsp;In the House, it is cosponsored by&nbsp;Representatives Yvette Clarke (D-NY), Lou Correa (D-CA), Robin Kelly (D-IL) and Doris Matsui (D-CA).<\/p>\n\n\n\n<p>\u201cConsumers should not have to jump through hoops to cancel subscriptions they no longer want. Our commonsense measure empowers consumers with the protections and transparency they deserve\u2014ensuring corporations cannot trap people into costly recurring payments after a free trial period ends,\u201d&nbsp;<strong>said Senator Blumenthal.<\/strong><\/p>\n\n\n\n<p>\u201cFor too long, corporations have forced consumers to work through complicated hurdles in order to cancel their unwanted subscriptions and memberships,\u201d&nbsp;<strong>said Senator Hirono.<\/strong>&nbsp;\u201cThe&nbsp;<em>Consumer OPT-IN Act<\/em>&nbsp;would address this problem by prioritizing consumer choice \u2013 offering people simple options to unsubscribe and protecting consumers from deceptive practices. I\u2019m glad to join my colleagues in introducing this legislation to hold these corporations accountable and help people keep their hard-earned money.\u201d<\/p>\n\n\n\n<p>\u201cWe\u2019ve all seen these types of \u2018deals\u2019 \u2013 companies hook you with a free trial, then make it hard to cancel or quietly continue to charge you,\u201d&nbsp;<strong>said Senator Luj\u00e1n<\/strong>. \u201cConsumers deserve transparency and fairness. I\u2019m proud to join Senator Van Hollen to push for greater transparency and to protect Americans from deceptive and unwarranted charges.\u201d<\/p>\n\n\n\n<p>\u201cConsumers shouldn\u2019t have to jump over roadblocks from greedy corporations to cancel a subscription,\u201d&nbsp;<strong>said Senator Merkley.<\/strong>&nbsp;\u201cOur bill will make it as simple to cancel a subscription as it is to sign up \u2013 no tricks, no gimmicks, no waiting on hold. Let\u2019s pass this common-sense solution that makes sure Americans know what they\u2019re signing up for.\u201d<\/p>\n\n\n\n<p>\u201cThis legislation will make it easier for consumers to cancel subscriptions they don\u2019t want.&nbsp;The process of enrolling and cancelling should be equally simple:&nbsp;If one click can sign you up, then you should be able to cancel with one click too,\u201d&nbsp;<strong>said Senator Reed.<\/strong>&nbsp;\u201cSimplifying the process for ending \u2018free trials\u2019 or unwanted subscriptions will save consumers real money.&nbsp;This bill will get rid of needless cancellation hurdles, hold corporations accountable, and save consumers time, money, and peace of mind.\u201d<\/p>\n\n\n\n<p>\u201cIf there\u2019s one thing everyone can\u2019t stand, it\u2019s getting ripped off. And that&#8217;s exactly what subscription-based services have been doing to American consumers, by making it difficult to cancel subscriptions. Consumers in Vermont and across the country deserve more transparency and accountability,\u201d&nbsp;<strong>said Senator Welch.<\/strong>&nbsp;\u201cThis common-sense legislation will combat deceptive and dishonest business practices and protect consumers across the country from rip-offs.\u201d<\/p>\n\n\n\n<p>\u201cUnexpected charges and confusing websites can make unsubscribing from a service a headache,\u201d&nbsp;<strong>said Senator Wyden.&nbsp;<\/strong>\u201cRelief was in sight, but Donald Trump\u2019s administration killed new protections for consumers and handed a huge gift to his corporate pals. I\u2019m proud to work with Sen. Van Hollen and my colleagues on the&nbsp;<em>OPT-IN Act<\/em>&nbsp;to ensure it\u2019s just as easy for Americans to unsubscribe from services as it is to sign up.\u201d<\/p>\n\n\n\n<p>\u201cToo often, consumers find themselves unknowingly caught in a cycle of recurring charges for subscriptions that extend far beyond what they initially agreed to. That was what the FTC aimed to mitigate with their \u2018Click to Cancel\u2019 rule, which required subscription services to make cancellation just as streamlined as sign up, reducing deceitful business practices that play with people&#8217;s hard earned money. Despite the Eighth Circuit Court of Appeals striking this rule down earlier this week due only due to a procedural issue, protecting consumers is too important a task to delay. That is why I am proud to join Senator Van Hollen in introducing the&nbsp;<em>Consumer Online Payment Transparency and Integrity (Consumer OPT-IN) Act,&nbsp;<\/em>which will build upon the FTC\u2019s efforts to shield consumers from being locked into recurring subscription agreements they didn&#8217;t consent to. I look forward to carrying this legislation through Congress alongside my colleagues,\u201d&nbsp;<strong>said Congresswoman Clarke.<\/strong><\/p>\n\n\n\n<p>\u201cIt takes five seconds to subscribe to a service online, which can end up costing Americans hundreds of dollars per year. It should be just as easy for hardworking Americans to cancel. Click to cancel means hardworking Americans can choose how they spend their money, without jumping through impossible hoops to get out of services they don&#8217;t want,\u201d&nbsp;<strong>said Congressman Lou Correa.<\/strong><\/p>\n\n\n\n<p>This legislation is endorsed by&nbsp;Public Citizen, National Consumer Law Center, Consumer Action, Americans for Financial Reform, and American Economic Liberties Project.<\/p>\n\n\n\n<p>\u201cWe support Sen. Van Hollen\u2019s and Rep. Clarke\u2019s commonsense bill,\u201d&nbsp;<strong>said Lisa Gilbert, Co-President of Public Citizen<\/strong>. \u201cWhen the pitch says, \u2018The first month is free,\u2019 it can\u2019t whisper \u2018But we\u2019re not telling you how to cancel.\u2019 Firms must be clear about exactly when and how a consumer can stop unwanted payments.\u201d<\/p>\n\n\n\n<p>\u201cSen. Van Hollen&#8217;s and Rep. Clarke&#8217;s bill would protect people from deceptive &#8216;free offers&#8217; that turn into unwanted membership clubs and from costly subscriptions that are difficult to cancel. The bill would help people like my 95-year-old father, who has been hit by hundreds of dollars a year coming out of his account for clubs he did not even know he signed up for,\u201d&nbsp;<strong>said National Consumer Law Center Associate Director, D.C., Lauren Sauners.<\/strong><\/p>\n\n\n\n<p>\u201cSenator Van Hollen\u2019s and Rep. Clarke\u2019s&nbsp;<em>OPT-IN Act<\/em>&nbsp;puts the power back in consumers\u2019 hands to decide if they want to do business with a company once a free trial expires,\u201d&nbsp;<strong>says Ruth Susswein, Consumer Action\u2019s Director of Consumer Protection<\/strong>. \u201cThis legislation would end unwanted, misleading contract renewals that consumers are duped into.\u201d<\/p>\n\n\n\n<p>\u201cSen Van Hollen and Rep Clarke\u2019s&nbsp;<em>Opt-In Act<\/em>&nbsp;will save consumers time and money in unfurling subscriptions they no longer want,\u201d&nbsp;<strong>said Morgan Harper, American Economic Liberties Project Director of Policy &amp; Advocacy.<\/strong>&nbsp;\u201cIn light of a court striking down the FTC\u2019s \u201cclick to cancel\u201d rule on procedural grounds, this legislation that is backed by 85% of voters would restore much needed consumer protections.&nbsp;The Trump FTC should also move quickly to reissue its Click-to-Cancel rule.\u201d<\/p>\n\n\n\n<p>The full text of the bill is available&nbsp;<a href=\"https:\/\/www.fetterman.senate.gov\/wp-content\/uploads\/2025\/07\/consumer_opt-in_act_119.pdf\">here<\/a>.<\/p>\n","protected":false}}