Eighth Circuit Vacates FTC's 'Click-to-Cancel' Rule

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission's "Click-to-Cancel" Rule, which was intended to govern negative-option offers.

Negative-option offers are widely used. They include all offers in which the seller interprets a consumer's silence or failure to take affirmative action as acceptance or continuing acceptance of an offer. That includes, for instance, "automatic renewal" offers, like magazine and streaming service subscriptions, in which sellers automatically renew a consumer's subscription when it expires, unless the consumer affirmatively cancels the subscription; and "free trial" offers, in which a good or service is offered for free (or at a reduced price) for a trial period and, after the trial period, at a higher price unless a consumer affirmatively cancels or returns the good or service.