July 16, 2025

Wyden, Merkley Join Colleagues to Introduce Bill to Safeguard Consumers from Online Subscription Traps

Washington, D.C. – U.S. Senators Ron Wyden and Jeff Merkley said today they are joining colleagues in reintroducing legislation that would protect consumers in Oregon and nationwide from online free trial scams and hard-to-cancel recurring-payment programs.

The Consumer Online Payment Transparency and Integrity (OPT-IN) Act puts the responsibility on companies rather than consumers when it comes to subscriptions and memberships, including a shift from “opt-out” default conditions  to “opt-in.” This reintroduction comes after the U.S. Court of Appeals for the Eighth Circuit last week vacated the Federal Trade Commission’s 2023 “click to cancel” rule, which would have made it easier to get out of unwanted subscriptions. 

“Unexpected charges and confusing websites can make unsubscribing from a service a headache,” Wyden said. “Relief was in sight, but Donald Trump’s administration killed new protections for consumers and handed a huge gift to his corporate pals. I’m proud to work with Sen. Van Hollen and my colleagues on the OPT-IN Act to ensure it’s just as easy for Americans to unsubscribe from services as it is to sign up.”

“Consumers shouldn’t have to jump over roadblocks from greedy corporations to cancel a subscription,” Merkley said. “Our bill will make it as simple to cancel a subscription as it is to sign up – no tricks, no gimmicks, no waiting on hold. Let’s pass this common-sense solution that makes sure Americans know what they’re signing up for.”

Companies increasingly use free trial offers and unclear terms and conditions to trap consumers into subscriptions. Additionally, companies often use software and interfaces that subtly trick users, making it harder for consumers to end these subscriptions and stop unwanted charges. While the FTC has dedicated significant resources to combating the worst of these business practices, more action is needed to effectively deter companies from employing these practices and better protect consumers.

Specifically, the Consumer OPT-IN Act would: 

  • Require companies to get express informed consent from consumers before converting free trials into automatically renewing contracts and charging consumers.
  • Require companies to notify consumers of the first automatic renewal and obtain express informed consent from consumers before automatically renewing long-term contracts. 
  • Require that companies offering contracts that automatically renew on a short-term basis get express informed consent from consumers annually. 
  • Require companies that have knowledge that a consumer isn’t using their product or service for 6 months to get the consumer’s express informed consent to continue billing, and allow consumers to request a refund for the remaining portion of the contract. 
  • Provide consumers with refunds when violations occur.
  • Give the FTC rulemaking authority over negative option contracts, automatic renewals, and dark patterns.

The legislation is led by Senator Chris Van Hollen, D-Md., and Representative Yvette D. Clarke, D-N.Y. Along with Wyden and Merkley, the bill is cosponsored by Senators Richard Blumenthal, D-Conn., John Fetterman, D-Pa., Kirsten Gillibrand, D-N.Y., Mazie Hirono, D-Hawai’i, Ben Ray Luján, D-N.M., Jack Reed, D-R.I., Bernie Sanders, I-Vt., Peter Welch, D-Vt.,  and Representatives Robin Kelly, D-Ill., and Doris Matsui, D-Calif.

This legislation is endorsed by Public Citizen, National Consumer Law Center, Consumer Action, Americans for Financial Reform, and American Economic Liberties Project.

The text of the bill is here.