Congress tightens the screws on hidden subscription traps

What it does

This bill makes it illegal for merchants to charge consumers through 'negative option' contracts (subscriptions, auto-renewals, free-to-paid trials) without first clearly disclosing all terms and obtaining explicit, affirmative consent—not silence or pre-checked boxes. Merchants must provide an easy cancellation mechanism (online if the contract was signed online), send regular reminders of upcoming charges, and limit auto-renewal periods to the length of the initial trial period unless the consumer re-consents. The FTC enforces the rule; states can sue on behalf of residents. Ordinary consumers gain stronger protections against surprise charges and easier cancellation.

Why we flagged it

The bill's core mechanism is a straightforward regulatory mandate: merchants must obtain explicit consent, disclose terms clearly, and provide easy cancellation for negative-option contracts. It is consumer-protective regulation, not a subsidy, carve-out, or industry favor.

What the text implies

• The bill's 1-year implementation window may create a compliance rush; merchants unprepared for system changes (especially small businesses without sophisticated billing infrastructure) may face operational disruption or early enforcement actions.
• The FTC's rulemaking authority to define 'simple mechanism' and notification frequency leaves room for regulatory interpretation; overly prescriptive rules could impose disproportionate costs on smaller merchants, while loose rules could weaken consumer protections.
• State attorneys general gain concurrent enforcement power, creating potential for duplicative litigation and settlement fragmentation if multiple states sue the same merchant—though the bill includes coordination provisions to mitigate this.
• The definition of 'express informed consent' explicitly excludes pre-checked boxes and inactivity-based consent, but does not address dark patterns or manipulative UI design beyond the stated exclusion; enforcement will depend on FTC rulemaking and case-by-case interpretation.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

Consumers gain enforceable rights to clear disclosure, explicit consent, easy cancellation, and regular reminders before charges—directly addressing widespread complaints about hidden subscription traps and difficult cancellations. The bill imposes compliance costs on merchants but creates no new liability shield or carve-out that would offset public benefit.

Named in the bill

Federal Trade Commission (FTC), State attorneys general, Merchants of record, Subscription and auto-renewal service providers, Payment processors

Where it stands

3 cosponsors: 2 Republicans, 1 Democrats.

• Jan 13, 2026 — Introduced · Congress.gov: “Introduced in House”
• Jan 13, 2026 — Referred to House Committee on Energy and Commerce · Congress.gov: “Referred to the House Committee on Energy and Commerce”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.