Unsubscribe Act of 2025
Sponsored By: Senator Sen. Schatz, Brian [D-HI]
Introduced
Summary
Strengthens consumer consent and cancellation protections for negative‑option charges. The bill would require clear, conspicuous disclosures and express informed consent before merchants can process recurring or trial‑to‑paid charges across online and offline sales.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Stronger rules for subscription charges
If enacted, this would require clear, conspicuous disclosures and affirmative consent before any subscription or other "negative option" charge. Merchants would need the consumer's "express informed consent," which is a clear, separate affirmative action and not silence or a pre-checked box. Merchants would keep proof of consent for at least three years. Online offers would need a simple electronic cancellation link. Free trials could not start charging without specific pre-trial consent and a notice before the first post-trial charge. Merchants would also send annual contract notices and a 2–7 day reminder before a last-day cancellation window.
FTC can enforce subscription rules
If enacted, the Federal Trade Commission would treat violations as unfair or deceptive acts and could enforce the Act with its usual powers. The FTC could write rules under the Administrative Procedure Act to implement the law. Violators could face the FTC Act's remedies and penalties.
States and FTC can enforce rules
If enacted, state attorneys general or designated state agencies could sue companies for violations on behalf of residents. States must notify the FTC and include a copy of the complaint before suing, unless notice is infeasible. The FTC could intervene in state suits, be heard, and appeal. If the FTC or U.S. Attorney has already sued the same defendant, a State could not sue that defendant while the federal case is pending. State laws that give consumers greater protections would still apply unless they directly conflict with this Act.
Protections start one year later
If enacted, this would apply only to contracts you sign or change one year after the law is passed. Existing unchanged contracts would not be covered until they are amended after that one-year post-enactment date.
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Sponsors & CoSponsors
Sponsor
Sen. Schatz, Brian [D-HI]
HI • D
Cosponsors
Sen. Kennedy, John [R-LA]
LA • R
Sponsored 7/10/2025
Roll Call Votes
No roll call votes available for this bill.
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