Skip links

New York City Becomes First U.S. City to Ban Deceptive Subscription Practices

Residents of New York City can now lodge complaints against businesses that impose difficult subscription cancellations, thanks to the newly implemented click-to-cancel rule. Effective as of Thursday, this regulation mandates that businesses must allow customers to terminate subscriptions as easily as they can initiate them. For instance, gyms permitting online enrollment cannot require customers to call or visit in person for cancellation.

This initiative places NYC at the forefront, being the first city to enforce such a rule after a federal appellate court nullified a nationwide version due to procedural concerns. The city anticipates that this legislation could save consumers between $21.5 million and $162.5 million each year. According to Samuel Levine, Commissioner of the NYC Department of Consumer and Worker Protection (DCWP), it exemplifies how local governments can step in when federal actions fall short. “No one should need 45 minutes of hold music to stop paying for something they never wanted,” remarked NYC Mayor Zohran Mamdani. He further stated, “If a company can take your money with one click, you should be able to get your money back with one click. And now, if they won’t let you cancel, the City is coming for them.”

Levine, previously the chief of consumer protection at the Federal Trade Commission (FTC), attempted to establish this rule nationally. He describes the implementation of the regulation in New York as remarkably more efficient, stating, “We proposed this rule this year. We finalized it this year. It’s taking effect this year. This is the speed of government as it should be.” Despite his pride in the FTC’s efforts, he noted that it took over four years without delivering the needed relief to Americans. The FTC has begun considering a similar rule, but Levine believes local actions will precede any federal efforts.

In New York, consumers now have access to a new portal that allows them to file complaints regarding vague subscription terms, cancellation delays, or auto-renewal notifications. Complaints submitted through this portal will be reviewed by the DCWP, which may reach out for additional information. The agency is equipped to assist consumers in securing refunds and cancelling subscriptions. Persistent noncompliance by businesses could trigger further investigative and legal actions, with fines starting at $525 per violation.

Constructed within a brief 10-week timeframe by the mayor’s Public Interest Technology (PIT) Crew, this portal is assured by Levine to offer a far superior experience than existing government digital platforms. “They’re not going to be diverted into a chatbot doom loop. We’re going to have actual people whose full-time job is to help them,” he assured. Levine also emphasized the need to shift public perceptions of government interactions away from unpleasant experiences commonly likened to renewing a driver’s license at the DMV. “If we want to restore people’s faith in government, we need to demonstrate that it can provide excellent products and services,” he concluded.

Update October 1st: Statement from NYC Mayor Zohran Mamdani added.

Editor’s Take

This significant regulation could empower consumers in their interactions with businesses by enhancing transparency and accountability in subscription services. It might also encourage other municipalities to adopt similar measures, potentially redefining the norms for subscription-based businesses across the nation. For developers and tech companies, understanding and integrating such legal frameworks may become essential in the evolving landscape of consumer rights.

Source: www.theverge.com

Leave a comment