What does Preamble of Unsubscribe Act of 2025 do?

This bill, formally titled 'To increase consumer protection with respect to negative options in all media, including on the internet, and for other purposes,' aims to increase consumer protection regarding negative options across various media platforms, including the internet.

What does SHORT TITLE. of Unsubscribe Act of 2025 do?

This bill is formally titled the Unsubscribe Act of 2025

What does INCREASED CONSUMER PROTECTION WITH RESPECT TO NEGATIVE OPTIONS. of Unsubscribe Act of 2025 do?

This section establishes regulations concerning negative option contracts, where consumers are charged unless they actively cancel. Merchants of record must clearly and conspicuously disclose all material terms of the contract before receiving payment. Express informed consent from the consumer is required before any charges are made under a negative option contract. Merchants must maintain verification of this consent for at least three years. Automatic renewals of negative option contracts are limited to the length of the initial period unless the consumer provides express consent for renewal. Online merchants must provide a simple electronic mechanism for consumers to cancel contracts. For contracts not entered into electronically, cancellation mechanisms must be as simple as the initial entry method, or through another simple means. Free-to-pay conversion contracts require specific notifications and consent regarding introductory periods, pricing, and cancellation. Merchants must provide regular notifications (at least annually) to consumers about the terms of their negative option contracts and cancellation options. Additional notifications must be provided before the end of a cancellation period, specifying the timeframe for cancellation without incurring charges.

What does ENFORCEMENT. of Unsubscribe Act of 2025 do?

This section outlines enforcement mechanisms for the Act. The Federal Trade Commission (FTC) can enforce this Act similarly to how it enforces the Federal Trade Commission Act, including utilizing its existing jurisdiction, powers, and duties. Violations of this Act are treated as violations of an unfair or deceptive act or practice under the Federal Trade Commission Act. States can bring civil actions on behalf of their residents if they believe state interests are threatened by a violation of the Act. States must generally provide written notice to the FTC before initiating a civil action, including a copy of the complaint, unless it's not feasible. The FTC has the authority to intervene in state civil actions and appeal decisions. During a pending federal action against a defendant, states are prohibited from bringing parallel actions against that same defendant for the same violations. States can still exercise their investigative powers under state law, even while the Act is in effect.

What does PREEMPTION OF DIRECTLY CONFLICTING STATE LAWS. of Unsubscribe Act of 2025 do?

This section clarifies that the Act does not preempt state laws. State laws are preempted only to the extent they directly conflict with the Act. If a state law provides greater consumer protections than the Act, it is not considered a conflict. Differences in time frames for requirements between federal and state law are considered conflicts.

What does DEFINITIONS. of Unsubscribe Act of 2025 do?

This section defines terms related to consumer contracts and negative options. It establishes definitions for automatic renewal contracts, continuity plan contracts, and free-to-pay conversion contracts. The section also defines express informed consent and notification requirements for negative option contracts.

What does EFFECTIVE DATE. of Unsubscribe Act of 2025 do?

This Act applies to contracts entered into or amended after a one-year period. The effective date is one year after the enactment of this Act.

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Unsubscribe Act of 2025

Last updated: 1/13/2026 · Introduced: 1/13/2026

Author: Mark Takano (D-CA)

TL;DR (AI)

The Unsubscribe Act of 2025 requires merchants to clearly disclose all material terms of negative option contracts and obtain express informed consent from consumers before charging them.
The Act limits automatic renewals of negative option contracts to the length of the initial period unless the consumer provides express consent for renewal, and requires merchants to provide simple cancellation mechanisms.
The Federal Trade Commission is authorized to enforce the Act, and states can bring civil actions on behalf of their residents for violations, with the Act preempting state laws only to the extent they directly conflict with its provisions.

119th Congressin committeeS. 2253(In Committee)Official page

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Other Sections

Includes provisions on preamble, short title., and 5 more.

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