Daily Local News (West Chester, PA)

Frustrated over canceling a subscripti­on? Relief may be coming.

- Contact Michelle Singletary: michelle.singletary@washpost. com or c/o The Washington Post, 1150 15th St. NW, Washington, DC 20071.

The Federal Trade Commission is proposing a new “click to cancel” rule to help folks get out of hardto-stop free trials, auto-renewals and subscripti­ons.

They are the bane of many consumers’ existence.

You know what I mean, because you’ve probably been in the following situation.

You sign up for something to try it out. The trial ends and you want to quit, but you can’t find a link or phone number to cancel. Or you do find contact informatio­n and get stuck in an automated online or telephone-hell loop designed to make it difficult for you to cancel. Or has this happened to you? You see an ad for a face cream you want to sample. You’re okay with paying the shipping cost to test it out for free. The company promised you could cancel after a 14-day trial.

Then you realize you were hoodwinked.

That $5.99 shipping fee is bait to get you to provide your credit or debit card informatio­n. What you didn’t realize is that you’ve unwittingl­y signed up for a monthly subscripti­on for the face cream, which keeps coming at $90 a jar, charged to your card.

You’re outraged because you don’t recall seeing any language indicating you were automatica­lly signing up for a subscripti­on service. You probably missed — by design — some checked box that says you agreed to the monthly payments. Many consumers have fallen victim to face-cream fraud.

Eventually, you may be successful in canceling the subscripti­on. Or so you thought.

The next month, you get a bank or credit card charge for the product trial you revoked.

This cancellati­on trap is often part of “negative option” marketing.

With a negative-option membership or subscripti­on, consumers agree to automatic billing after trying something out for free or following a special discount offer. Billing stops only after the consumer takes some action to cancel. That’s where the “negative” part comes in.

Illegal practices involving companies tricking people into subscripti­ons or failing to let them out are a big problem. And it’s a particular concern now, given the economic pressures a lot of consumers face.

This is a pocketbook issue for a lot of consumers, said Samuel Levine, director of the FTC’s Bureau of Consumer Protection.

“With prices rising in many sectors of the economy and uncertaint­y around the economy in general, a lot of consumers are looking to save money,” Levine said.

A lot of businesses are using subscripti­on models because of the recurring income. Done right, with clear disclosure, it works.

People easily sign up, and cancellati­on is an easy click or call. But this practice can be costly to consumers when companies purposely make it difficult to cut ties. Customers end up being charged long after they no longer need or want the service or product.

In 2022, the FTC said it received about 17,400 complaints about negative-option-related violations.

Last year, New Jersey-based Vonage, the internet phone service provider, agreed to pay $100 million to settle FTC charges that it created significan­t cancellati­on hurdles, including making it difficult for customers to find a phone number on its website.

The complaint alleged that beginning in 2017, Vonage started forcing customers to speaking to a “retention agent” on the phone to cancel. In many cases, people were told they had to pay an early terminatio­n fee of hundreds of dollars even though such a charge was not clearly disclosed.

Learning app ABCmouse (not affiliated with ABC network or Disney) paid $10 million to settle FTC charges that it failed to tell consumers that the subscripti­on would automatica­lly renew. The California-based company also misreprese­nted the ease with which people could stop paying for the yearly membership, the FTC said.

In the ABCmouse case, the FTC says, the company refused to accept cancellati­on requests made over the phone, via email or through a form on its website. Instead, people were directed to a portal on the company’s website, where they had to navigate anywhere from six to nine screens before being able to end their subscripti­ons.

Neither Vonage nor ABCmouse admitted wrongdoing as part of the agreements.

The FTC has proposed a “click to cancel” rule that would require businesses to simplify cancellati­ons.

“The vision is that it should be as easy for consumers to cancel subscripti­ons as it is to enroll,” Levine said. “If they enrolled online, the company should use online mechanisms to let consumers cancel. If they enrolled on the phone, they should be able to cancel on the phone without waiting on hold forever.”

Among other provisions, companies would have to provide an annual reminder to consumers enrolled in negative-option programs involving anything other than physical goods before they are automatica­lly renewed.

In the process of trying to persuade you to stay — it’s referred to as a “save” — companies would have to ask whether you would like to consider such offers or modificati­ons to your subscripti­on plan. But once you decline, they must cancel the negative-option arrangemen­t immediatel­y.

The agency’s notice of proposed rulemaking is part of its effort to strengthen existing consumer protection­s in the negative-option space.

Unscrupulo­us companies have become incredibly clever in taking consumers down a rabbit hole where they can’t find their way to cancellati­on.

Negative-option marketing has only increased, along with abuses, FTC Chair Lina Khan and two other commission­ers wrote in a statement.

“Where consumer protection laws are inadequate, or inadequate­ly enforced, dishonest companies will keep developing ways to make it easier to inadverten­tly subscribe, and ever harder to cancel, harming consumers and honest competitor­s along the way,” they wrote.

Although not available just yet, comments regarding the negative-option rule can be filed electronic­ally at Regulation­s. gov. The FTC will publish a consumer alert when the notice appears, so subscribe at ftc.gov/ ConsumerAl­erts.

“We’re not asking for legal briefs,” Levine said. “We want ordinary people who have experience­d cancellati­on problems or anybody who wants to weigh in to file a comment.”

This is your chance to be heard. If you have a horror story about canceling a free trial, auto-renewal or subscripti­on, tell the FTC.

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