Click-to-cancel in 2026: what still applies

When the Eighth Circuit threw out the FTC's click-to-cancel amendments in July 2025, many subscription sellers read the headline as permission to stop work on their cancel flows.

The obligation did not come from that rule alone. State laws, a federal statute and a run of enforcement actions were already in place, and more has been added since.

What was vacated in July 2025?

The Eighth Circuit vacated the FTC's click-to-cancel amendments to its negative option rule, and it did so on procedural grounds.

The court's objection was to how the FTC made the rule. Covington reports that the FTC restored the old rule text in February 2026.

So the specific federal amendments that businesses had been preparing for never took lasting effect. Everything else that governed subscriptions before July 2025 stayed where it was.

Why does the obligation remain?

It remains because state laws and a federal statute apply to subscription sales independently of the vacated rule.

Benesch, a law firm, counted 28 states and D.C. with automatic-renewal laws or regulations as of 14 August 2026. At least 17 jurisdictions allow a class claim based on a noncompliant renewal practice. Louisiana and Maryland are recent additions, and Virginia amended its law in 2026.

At the federal level, the FTC brings subscription cases under a statute known as ROSCA. The sources we reviewed name the statute in connection with those cases and do not set out its text, so this post does not describe its requirements. Ask counsel how it applies to your checkout.

The direction of change has been one way. Every change in 2025 and 2026 that we found adds obligations for sellers. The table shows where each layer stands.

Layer	Status on 12 November 2026	Who enforces
FTC click-to-cancel amendments	Vacated July 2025; old rule text restored February 2026	Not in force
New FTC rulemaking	Advance notice issued 11 March 2026; no proposed rule found	None yet
ROSCA	In force	FTC
State automatic-renewal laws	28 states and D.C., per Benesch	Public enforcers and private plaintiffs, depending on the state
California AB 2863	Applies to contracts made, amended or extended on or after 1 July 2025	District attorneys and private plaintiffs through other consumer statutes
New York City click-to-cancel rule	In effect 1 October 2026, per Chargebee	Not stated in the source

What has federal enforcement looked like since?

The FTC has continued to bring and settle subscription cases, some of them very large.

Amazon agreed in September 2025 to pay 2.5 billion dollars over Prime enrollment and cancellation, made up of a 1 billion dollar civil penalty and 1.5 billion dollars in refunds. Cobalt Law describes it as the settlement of the FTC's ROSCA litigation.

Goodwin's February 2026 summary lists more. The FTC filed a complaint over Uber One on 21 April 2025 and amended it on 15 December 2025 with 21 states and D.C. joining. That case is pending. A complaint against LA Fitness was filed on 20 August 2025 and is also pending. Chegg settled for 7.5 million dollars on 15 September 2025.

These are large companies. Smaller sellers appear in the state-level actions and private suits described below.

What do the state laws add?

They add local enforcement and, in many states, a route for private class actions.

In California, a task force of district attorneys from Los Angeles, Santa Clara, Santa Barbara, San Diego and Santa Cruz, with the Santa Monica City Attorney, brings automatic-renewal cases. Benesch reports a consent judgment against HelloFresh on 18 August 2025 for 7.5 million dollars.

Private suits are growing too. Benesch counted at least 12 consumer class actions against e-commerce retailers within a few weeks around September 2025. Each alleged that the plaintiff was enrolled in a subscription while believing the purchase was one-time. The firm says California and Illinois are where most private filings land.

Demand letters come first in many cases. Jeffer Mangels, a defense firm, wrote on 22 April 2026 of a steady flow of letters to subscription businesses. The letters also serve as the 30-day notice required before a claim under a California consumer statute. No source we found counts the letters or the suits.

What did California change in July 2025?

California added same-medium cancellation, annual reminders and advance notice of fee changes.

AB 2863 was signed in September 2024. According to Davis+Gilbert, it governs contracts entered into, amended or extended on or after 1 July 2025. A subscription that started earlier is brought in when it is amended or extended.

Same-medium cancellation means a person who signed up online can cancel online. The annual reminder and the fee-change notice are new recurring duties, so they need a schedule and a record that each one was sent.

California's renewal law has no direct private right of action after Mayron v. Google, as Benesch explains. Plaintiffs reach it through the state's unfair competition and consumer remedies statutes instead.

What does the March 2026 FTC notice mean?

It means the FTC has restarted the process, and nothing new binds you yet.

The FTC issued an advance notice of proposed rulemaking on 11 March 2026, published in the Federal Register on 13 March 2026. An advance notice asks questions and collects comment. It is an early step.

We found no proposed rule after it. A new federal rule may come, and its content is unknown. Planning around the state laws that already apply is the safer course.

Two more dates are on Chargebee's tracker, which is a vendor source. New York City's click-to-cancel rule took effect on 1 October 2026. Louisiana's Click-to-Cancel Act is expected to apply from 1 January 2027.

Check your sign-up and cancel flow

Review the sign-up page, the confirmation, the reminders and the cancel path, and keep a dated record of each.

This list reflects the California amendments and the points that complaints tend to raise. It is a working list for a first review. State laws differ, and which ones apply to you is a question for counsel.

Records matter as much as the pages. A California practitioner who reviewed roughly two dozen state-court complaints wrote that the cases turn on logs: the time of consent, the version of the disclosure shown, delivery of the acknowledgment and delivery of the pre-renewal notice. That is one lawyer's reading, published on terms.law.

Renewal terms, price and billing frequency shown next to the purchase button
A consent box for the renewal that is not ticked in advance
A confirmation message after sign-up that repeats the terms and how to cancel
A way to cancel in the same medium the person used to sign up
A cancel path that can be completed without a phone call when sign-up was online
Reminders before renewal, and annual reminders where the law asks for them
Notice before a price or fee change
A dated log of the disclosure version, the consent, each notice sent and each cancel request

Common questions

Is the FTC click-to-cancel rule in effect?

No. The Eighth Circuit vacated the amendments in July 2025, and the FTC restored the earlier rule text in February 2026. A new rulemaking opened on 11 March 2026 and has not produced a proposed rule.

If the federal rule is gone, do I still need an online cancel option?

In many states, yes. California's amended law requires cancellation in the same medium the person used to sign up, and 28 states and D.C. have renewal laws of their own. Check the states where your subscribers live.

Does following this checklist make my business compliant?

No. The checklist covers common points from the California amendments and from complaints. State laws differ in their details, and whether your flow meets each one is a question for counsel.

Do these laws apply to business customers?

Usually they protect consumers. Benesch notes that Virginia's 2026 amendments treat small businesses as consumers, and says this may lead to suits involving business subscriptions.

How much do these cases cost?

No source gives a typical figure for a demand letter. Reported outcomes range from a 7.5 million dollar consent judgment against HelloFresh to the 2.5 billion dollar Amazon settlement. Benesch says seven-figure exposure is the baseline even for mid-sized subscription services.

What should I record for each subscriber?

Record the version of the disclosure shown, the time of consent, the confirmation sent, each reminder and each cancel request. One California practitioner who reviewed recent complaints says the cases turn on those logs.

Reviewed November 12, 2026

Consentra is software. Nothing on this site is legal advice, and using Consentra does not by itself make a business compliant with any law or carrier rule. Whether a rule applies to your business is a question for your counsel.

Click-to-Cancel in 2026: What Still Applies After the FTC Rule Was Vacated