WASHINGTON, D.C. — This week, U.S. Sens. John Fetterman, D-Pa., and Chris Van Hollen, D-Md., reintroduced the Consumer Online Payment Transparency and Integrity (Consumer OPT-IN) Act, bicameral legislation to protect consumers from online “free trial” scams and hard-to-cancel recurring-payment programs.

The lawmakers’ bill puts the responsibility on companies, rather than consumers, when it comes to subscriptions and memberships, including requiring a shift from “opt-out” conditions to “opt-in.”

“It 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’s through deceptive free trials or hard-to-end recurring payments. I’ve been there just like too many other Pennsylvanians, sitting on hold trying to cancel a subscription,” said Fetterman. “I’m proud to join my colleagues to introduce the Consumer OPT-IN Act to hold these companies accountable and put consumers back in charge of their hard-earned money.”

Van Hollen agreed.

“While 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 – offering them an easy way out of subscription traps and holding companies accountable for these deceptive practices,” said Van Hollen.

This reintroduction comes after the U.S. Court of Appeals for the Eight Circuit last week vacated the Federal Trade Commission’s (FTC) 2023 “click to cancel” rule, which would have taken effect Wednesday 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 – underscoring the need to codify into law the “opt-in” requirements in this legislation.

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 dark patterns, 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 Consumer OPT-IN Act would limit the use of deceptive tactics and impose stricter notification requirements on companies.

This legislation is endorsed by Public Citizen, National Consumer Law Center, Consumer Action, Americans for Financial Reform, and American Economic Liberties Project.