Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

ST. LOUIS — The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

Critics contend that the rule exceeds the FTC’s authority and that its imposition skirted procedural rules. In the 8th Circuit’s decision, a three-judge panel concluded that the FTC failed to follow procedural requirements under the Federal Trade Commission Act. Tuesday's decision temporarily blocks enforcement of the rule, which was scheduled to take effect July 14.

As XBIZ reported last year, at issue are the FTC’s updates to the Negative Option Rule, originally adopted in the 1970s to protect consumers from being automatically enrolled in subscription plans without their consent. Under the updates, the rule would apply to almost all negative option programs, meaning any that “contain a term or condition that allows a seller to interpret a customer’s silence, or failure to take an affirmative action, as acceptance of an offer,” including automatic renewal and free-to-pay offers.

The FTC announced its proposed changes in March 2023. In response, the commission received more than 16,000 comments from consumers, government agencies, consumer groups and trade associations.

At the time, industry attorney Corey D. Silverstein cautioned website operators that while the proposed amendments would make it much easier for consumers to cancel unwanted subscriptions and would help protect them from deceptive practices, it could also potentially cause “major headaches for website operators” due to requiring substantial changes to sign-up and cancellation practices.

Silverstein provided a detailed breakdown of the rule for XBIZ readers earlier this year.

The case before the 8th Circuit consolidated multiple petitions for review brought by an array of businesses and trade associations in four federal circuit courts.

Although the court’s decision means that the rule’s provisions will not take effect pending further review, many operators that sell subscriptions already abide by similar rules, especially since both Visa and Mastercard regulations specify disclosure and consent requirements for negative options. There are also other existing relevant federal and state regulations. The Restore Online Shoppers Confidence Act, enacted by Congress in 2010, has been enforced against adult businesses, and in September 2024, California enacted a law significantly tightening rules regarding automatic renewal of paid website subscriptions.

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 News

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

Show More