Seven Clicks to Cancel

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1. On July 8, 2025, the US Court of Appeals for the Eighth Circuit vacated the FTC's Negative Option ("click-to-cancel") Rule in its entirety in Custom Communications, Inc. v. FTC, days before its main requirements were due to take effect on July 14, 2025.Latham & Watkins · 2025-07-08
2. The court vacated the rule on procedural grounds only, the FTC failed to publish a preliminary regulatory analysis required for rules with an estimated annual economic effect of at least $100 million, without ruling on the rule's substance.Gunderson Dettmer / Wiley · 2025-07-08
3. The vacated rule would have required sellers to disclose material terms clearly, obtain express informed consent before charging, and provide a cancellation mechanism at least as simple as the enrollment process.Jones Day · 2026-05
4. The FTC finalized the rule in October 2024 by a 3-2 vote after receiving over 16,000 public comments, with Republican Commissioners Holyoak and Ferguson dissenting.WilmerHale · 2024-10
5. After the vacatur the FTC moved to restart the rulemaking, submitting a draft Advance Notice of Proposed Rulemaking on negative option plans; the previous version of the rule took about three years to become final.Crowell & Moring · 2026-02 · medium confidence
6. On September 25, 2025, three days into trial, Amazon agreed to pay $2.5 billion to settle FTC claims over Prime, $1 billion in civil penalties and $1.5 billion in consumer redress.Troutman Pepper Locke (Regulatory Oversight) · 2025-09-25
7. The FTC's complaint alleged Amazon used "dark patterns" to enroll consumers in auto-renewing Prime subscriptions and that the primary purpose of its cancellation process was not to let subscribers cancel but to stop them, with leadership slowing or rejecting easier-cancellation changes because theyFederal Trade Commission · 2023-06
8. Amazon internally likened its multi-step Prime cancellation flow to Homer's "Iliad," according to former FTC Commissioner Alvaro Bedoya, who described it as a four-page, six-click, fifteen-option journey.TIME · 2025-09-25 · medium confidence
9. The Amazon settlement also imposes injunctive relief barring difficult, confusing or time-consuming cancellation prompts and requiring a streamlined, clear and accessible cancellation process.Katten (National Law Review) · 2025-09-30
10. In April 2025 the FTC sued Uber over Uber One, alleging consumers could face as many as 23 screens and up to 32 actions to cancel despite "cancel anytime" promises; in December 2025 the FTC and 21 states plus the District of Columbia filed an amended complaint.Federal Trade Commission / Bloomberg · 2025-12-15
11. In April 2026 a California federal court denied Uber's motion to dismiss the FTC's claim that it failed to provide a "simple" cancellation mechanism under ROSCA, allowing the case to proceed; Uber has said its sign-up and cancellation process is clear, simple and lawful.All About Advertising Law (Venable) · 2026-04 · medium confidence
12. California's AB 2863, signed September 24, 2024 and effective July 1, 2025, requires same-medium cancellation, express affirmative consent, and retention of proof of consent for at least three years.Sheppard Mullin · 2025-07-01
13. UK government research cited in analysis of the DMCC Act suggests consumers spend around £1.6 billion a year on subscriptions they do not want, due to unclear terms and complex cancellation policies.Herbert Smith Freehills Kramer · 2026-04-22 · medium confidence
14. The DMCC Act's new UK subscription regime introduces two 14-day no-penalty cooling-off windows and a requirement that cancellation be as straightforward as signing up, backed by CMA fines of up to £300,000 or 10% of global turnover; implementation has been repeatedly delayed, with the government's cBrowne Jacobson / White & Case · 2026-04 · medium confidence
15. In April 2026 the CMA imposed its first financial penalty under the new UK consumer regime, £4.2 million on the AA driving school for drip pricing, and has opened 13 investigations under the regime.Herbert Smith Freehills Kramer / White & Case · 2026-04 · medium confidence
16. The European Commission is preparing a Digital Fairness Act targeting dark patterns, addictive design, influencer marketing and unfair personalisation, with the legislative proposal indicatively expected in late 2026 and not yet tabled.European Parliament Legislative Train / Digital Fairness Act tracker · 2026 · medium confidence

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