educational

Did ROSCA Kill Cross-Sales?

There was a year-end move by the Obama administration and its democratic-backed congressional allies that profoundly affects many adult entertainment websites, but which has received relatively little notice. It is known as the Restore Online Shoppers’ Confidence Act (ROSCA), and it is now the law of the land.

According to attorney Dan Pepper of the Pepper Law Group, ROSCA targets several commonly used marketing practices, including so-called “negative options,” that have come under fire from state attorneys general and the Federal Trade Commission.

Visa is actually ‘merchant account agnostic,’ so according to the information we have received, even a merchant using an IPSP is not supposed to cross-sell to another company.

“In the past, the FTC has targeted allegedly deceptive negative option features pursuant to its authority under Section 5 of the FTC Act,” Pepper stated. “ROSCA will make it easier for it to bring cases and, notably, gives it civil penalty authority that it does not have under Section 5: specifically, the law authorizes the FTC to obtain penalties of up to $16,000 per violation.”

And those violations can quickly add up.

ROSCA effectively kills traditional cross-sales by prohibiting merchants from sharing a customer’s billing information with other merchants. While cross-sales are still possible under ROSCA, a secondary merchant is required to have a consumer’s informed consent, expressly obtained, before the consumer may be charged. This includes clearly specifying that the offer is provided by an unrelated company, as well as outlining a full description of the product or service and the terms of the offer. In return, the customer must provide their name, address and credit card number, then affirm (by clicking an online checkbox, for example), their willingness to make this purchase.

“Cross-sales are allowed as long at it is the same merchant/company,” Mitch Farber of merchant account specialists NETbilling.com, told XBIZ. “Of course, proper disclosure is required. It then becomes an ‘upsell,’ not a cross-sell.”

“Visa is actually ‘merchant account agnostic,’ so according to the information we have received, even a merchant using an IPSP is not supposed to cross-sell to another company,” Farber added. “Because of this, merchants are working harder to improve and expand their own site networks and build their brand, thus keeping customers internal.”

So for today’s legitimate emarketer, internalized crosssales are the way to go. There are many nuances to the requirements, so for merchants involved in cross-sales, ROSCA compliance should be discussed with both attorneys and billing firms.

For a look at how the changes brought about by ROSCA are playing out in the real world, we turn to one of the industry’s top powerhouse players for insight:

“To the extent that this has affected TopBucks/Pink Visual, it is with respect to the crosssales we do through our own merchant accounts,” Q. Boyer, Director of Public Relations for Pink Visual, told XBIZ. “Where those cross-sales are concerned, we now ‘cross-sell to ourselves,’ so to speak, by displaying offers for one of our more general video sites upon purchase of a nichespecific site, for example.”

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

How Platforms Can Tap AI to Moderate Content at Scale

Every day, billions of posts, images and videos are uploaded to platforms like Facebook, Instagram, TikTok and X. As social media has grown, so has the amount of content that must be reviewed — including hate speech, misinformation, deepfakes, violent material and coordinated manipulation campaigns.

Christoph Hermes ·
opinion

What DSA and GDPR Enforcement Means for Adult Platforms

Adult platforms have never been more visible to regulators than they are right now. For years, the industry operated in a gray zone: enormous traffic, massive data volume and minimal oversight. Those days are over.

Corey D. Silverstein ·
opinion

Making the Case for Network Tokens in Recurring Billing

A declined transaction isn’t just a technical error; it’s lost revenue you fought hard to earn. But here’s some good news for adult merchants: The same technology that helps the world’s largest subscription services smoothly process millions of monthly subscriptions is now available to you as well.

Jonathan Corona ·
opinion

Navigating Age Verification Laws Without Disrupting Revenue

With age verification laws now firmly in place across multiple markets, merchants are asking practical questions: How is this affecting traffic? What happens during onboarding? Which approaches are proving workable in real payment flows?

Cathy Beardsley ·
opinion

How Adult Businesses Can Navigate Global Compliance Demands

The internet has made the world feel small. Case in point: Adult websites based in the U.S. are now getting letters from regulators demanding compliance with foreign laws, even if they don’t operate in those countries. Meanwhile, some U.S. website operators dealing with the patchwork of state-level age verification laws have considered incorporating offshore in the hopes of avoiding these new obligations — but even operators with no physical presence in the U.S. have been sued or threatened with claims for not following state AV laws.

Larry Walters ·
opinion

Top Tips for Bulletproof Creator Management Contracts

The creator management business is booming. Every week, it seems, a new agency emerges, promising to turn creators into stars, automate their fan interactions or triple their revenue through “secret” social strategies. The reality? Many of these agencies are operating with contracts that wouldn’t survive a single serious dispute — if they even have contracts at all.

Corey D. Silverstein ·
opinion

Building Sustainable Revenue Without Opt-Out Cross-Sales

Over the past year, we’ve seen growing pushback from acquirers on merchants using opt-out cross-sales — also known as negative option offers. This has been especially noticeable in the U.S. In fact, one of our acquirers now declines new merchants during onboarding if an opt-out flow is detected. Existing merchants submitting new URLs with opt-out cross-sales are being asked to remove them.

Cathy Beardsley ·
trends

How to Handle Payment Disputes Without Sacrificing Trust

You can run the best-managed and most compliant website out there, but that still doesn’t completely shield you from the risks tied to payment disputes. Buyer’s remorse, an unclear billing description or even a simple misunderstanding can lead a customer to dispute a transaction. Accumulate enough disputes, and both your reputation and revenue could be at risk.

Jonathan Corona ·
trends

WIA Profile: Taylor Moore

With a 70-person team and a growing slate of tools for content creators, the Teasy Agency has developed a reputation for putting talent first. That commitment owes a lot to co-founder Taylor Moore’s own experiences as a cam model.

Jackie Backman ·
profile

WIA Profile: Cathy Turns Creator Platform Experience Into a Model-First Playbook

As both a model and industry executive, Cathy lives in two worlds at once. “Since I do both things, I can act as the liaison between the model community and the rest of the SextPanther team,” she tells XBIZ.

Jackie Backman ·
Show More