I 
119TH CONGRESS 
2D SESSION 
H. R. 7048 
To increase consumer protection with respect to negative options in all media, 
including on the internet, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 13, 2026 
Mr. TAKANO (for himself, Mr. AMODEI of Nevada, and Mr. MAGAZINER) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To increase consumer protection with respect to negative 
options in all media, including on the internet, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unsubscribe Act of 
2025’’. 
SEC. 2. INCREASED CONSUMER PROTECTION WITH RE-
SPECT TO NEGATIVE OPTIONS. 
(a) DISCLOSURE OF NEGATIVE OPTIONS.—It shall be 
unlawful for any merchant of record to charge or attempt 
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to charge a credit card, debit card, bank account, or other 
financial account of any consumer, or otherwise receive 
payment from any consumer, through a negative option, 
unless the merchant of record clearly and conspicuously 
discloses all material terms of the contract involved before 
receiving payment or charging the consumer, or otherwise 
receiving payment, through such negative option. 
(b) EXPRESS INFORMED CONSENT FOR NEGATIVE 
OPTIONS.— 
(1) REQUIREMENT.—It shall be unlawful for 
any merchant of record to charge or attempt to 
charge a credit card, debit card, bank account, or 
other financial account of any consumer, or other-
wise receive payment from any consumer, through a 
negative option, unless the merchant of record ob-
tains the express informed consent of the consumer 
before receiving payment or charging the consumer, 
or otherwise receiving payment, through such nega-
tive option. 
(2) DURATION.—A merchant of record shall 
keep or maintain verification of the express informed 
consent obtained pursuant to paragraph (1) for not 
fewer than 3 years, unless such merchant of record 
demonstrates by a preponderance of the evidence 
that the merchant of record uses processes that en-
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sure a consumer may not technologically complete a 
transaction without such express informed consent. 
(c) TERM LIMITATION FOR NEGATIVE OPTION CON-
TRACTS.—After the expiration of a preliminary period, it 
shall be unlawful for any merchant of record to automati-
cally renew or otherwise continue a negative option con-
tract with any consumer for a period that is greater than 
the length of the preliminary period, unless such merchant 
of record, at the time of such expiration, obtains the ex-
press informed consent of the consumer to renew or other-
wise continue such negative option contract. 
(d) CANCELLATION
OF NEGATIVE OPTION CON-
TRACTS.— 
(1) ONLINE
MERCHANTS.—In the case of a 
negative option contract that is entered into elec-
tronically, it shall be unlawful for any merchant of 
record to enter into such negative option contract 
with any consumer unless such merchant of record 
provides to the consumer a simple mechanism, in-
cluding a direct link to an electronic form, that en-
ables the consumer to submit a request to cancel 
such negative option contract without requiring the 
consumer to take additional steps by any means 
other than electronically. 
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(2) OTHER MERCHANTS.—In the case of a neg-
ative option contract that is entered into through 
means other than electronically, it shall be unlawful 
for any merchant of record to enter into such nega-
tive option contract with any consumer unless such 
negative option contract provides the consumer with 
a simple mechanism for cancellation, in the same 
manner, and by the same means, as such negative 
option contract was entered into, or, if not prac-
ticable, through some other simple mechanism for 
cancellation. 
(e) REQUIREMENTS FOR FREE-TO-PAY CONVERSION 
CONTRACTS.—It shall be unlawful for any merchant of 
record to charge or attempt to charge a credit card, debit 
card, bank account, or other financial account of any con-
sumer for any good or service sold under a free-to-pay con-
version contract, unless each of the following is met: 
(1) Before completing the financial transaction, 
or otherwise receiving payment, the merchant of 
record provides the consumer with a notification of 
the terms of the negative option contract and ob-
tains the express informed consent of the consumer 
to such terms, including the following terms: 
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(A) For an introductory period, the con-
sumer will receive the good or service at no cost 
or for a discounted cost. 
(B) The amount the consumer will be 
charged or otherwise required to pay for the in-
troductory period. 
(C) The amount the consumer will be 
charged or otherwise required to pay, on a re-
curring basis, starting with the first financial 
transaction after the introductory period. 
(D) The total cost (or range of costs) the 
consumer will be charged or otherwise required 
to pay through the entire term of such contract 
(if such term is less than 12 months) or cost 
information that enables the consumer to deter-
mine the total cost for the subsequent 12 
month period, to the extent known. 
(2) Before the first charge, payment, or price 
increase after the introductory period, the merchant 
of record provides notification to the consumer about 
the upcoming charge, payment, or increase and pro-
vides the consumer with— 
(A) the terms of the negative option con-
tract, including the length of time required for 
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the merchant of record to complete any can-
cellation request; and 
(B) direct access to information about the 
simple mechanism for cancellation. 
(f) OTHER NOTIFICATION REQUIREMENTS FOR NEG-
ATIVE OPTION CONTRACTS.— 
(1) GENERAL
NOTIFICATION
AND
ACCESS.— 
With respect to any negative option contract entered 
into by a merchant of record and a consumer, the 
merchant of record, at regular intervals as deter-
mined by the Commission (but not less frequently 
than annually) while such negative option contract 
remains in effect, shall provide the consumer with— 
(A) a notification of the terms of such neg-
ative option contract; and 
(B) direct access to information about the 
simple mechanism for cancellation. 
(2) ADDITIONAL NOTIFICATION AND ACCESS.— 
If a negative option contract specifies a period of 
time during which the merchant of record shall com-
plete a cancellation request, not fewer than 2 but 
not more than 7 days before the last day on which 
the consumer may cancel such negative option con-
tract without incurring additional charges, the mer-
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chant of record shall provide the consumer with the 
notification and access required by paragraph (1). 
SEC. 3. ENFORCEMENT. 
(a) ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this Act or a regulation pro-
mulgated thereunder shall be treated as a violation 
of a rule defining an unfair or deceptive act or prac-
tice under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN GENERAL.—The Commission shall 
enforce this Act in the same manner, by the 
same means, and with the same jurisdiction, 
powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this Act. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates this Act or a regulation 
promulgated thereunder shall be subject to the 
penalties and entitled to the privileges and im-
munities provided in the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.). 
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(C) AUTHORITY PRESERVED.—Nothing in 
this Act shall be construed to limit the author-
ity of the Commission under any other provi-
sion of law. 
(D) RULEMAKING.—The Commission shall 
promulgate in accordance with section 553 of 
title 5, United States Code, such rules as may 
be necessary to carry out this Act. 
(b) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—If the attorney general of a 
State, or an official or agency of a State, has reason 
to believe that an interest of the residents of the 
State has been or is being threatened or adversely 
affected by a practice that violates this Act, the 
State may bring a civil action on behalf of the resi-
dents of the State in an appropriate district court of 
the United States to obtain appropriate relief. 
(2) RIGHTS OF THE COMMISSION.— 
(A) NOTICE TO THE COMMISSION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), an attorney general, official, 
or agency of a State, before initiating a 
civil action under paragraph (1), shall pro-
vide a written notice to the Commission 
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that the attorney general, official, or agen-
cy intends to bring such civil action. 
(ii) CONTENTS.—The notice required 
by clause (i) shall include a copy of the 
complaint to be filed to initiate the civil ac-
tion. 
(iii) EXCEPTION.—If it is not feasible 
for an attorney general, official, or agency 
of a State to provide the notice required by 
clause (i) before initiating a civil action 
under paragraph (1), the attorney general, 
official, or agency shall provide such notice 
to the Commission immediately upon insti-
tuting the civil action. 
(B) INTERVENTION
BY
THE
COMMIS-
SION.—The Commission may— 
(i) intervene in any civil action 
brought by an attorney general, official, or 
agency of a State under paragraph (1); 
and 
(ii) upon intervening— 
(I) be heard on all matters aris-
ing in the civil action; and 
(II) appeal a decision in the civil 
action. 
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(C) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion or the Attorney General of the United 
States has instituted a civil action for violation 
of this Act (referred to in this subparagraph as 
the ‘‘Federal action’’), no State attorney gen-
eral, official, or agency may bring an action 
under paragraph (1) during the pendency of the 
Federal action against any defendant named in 
the complaint in the Federal action for any vio-
lation of such Act alleged in such complaint. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to prevent an attorney 
general, official, or agency of a State from exercising 
the powers conferred on the attorney general, offi-
cial, or agency by the laws of the State to conduct 
investigations, to administer oaths or affirmations, 
or to compel the attendance of witnesses or the pro-
duction of documentary or other evidence. 
SEC. 4. PREEMPTION OF DIRECTLY CONFLICTING STATE 
LAWS. 
(a) IN GENERAL.—Nothing in this Act may be con-
strued to preempt, displace, or supplant any State law, 
except to the extent that a provision of State law conflicts 
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with a provision of this Act, and then only to the extent 
of the conflict. 
(b) GREATER PROTECTION UNDER STATE LAW.— 
For purposes of this section, a provision of State law does 
not conflict with a provision of this Act if such provision 
of State law provides additional protections to consumers 
protected under this Act. 
(c) CONFLICTING TIME FRAMES.—Any difference be-
tween Federal and State law in the time frame in which 
a requirement imposed on a person shall be met shall be 
considered a conflict for purposes of subsection (a). 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) AUTOMATIC
RENEWAL
CONTRACT.—The 
term ‘‘automatic renewal contract’’ means a contract 
between any merchant of record and any consumer 
for the sale of goods or services that is automatically 
renewed after a preliminary period, unless the con-
sumer instructs otherwise. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) CONTINUITY PLAN CONTRACT.—The term 
‘‘continuity plan contract’’ means a contract between 
any merchant of record and any consumer under 
which the consumer agrees to pay for periodic ship-
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ments of goods or the provision of services, unless 
the consumer instructs otherwise. 
(4) EXPRESS INFORMED CONSENT.— 
(A) IN GENERAL.—The term ‘‘express in-
formed consent’’ means, with respect to an 
offer or agreement for the sale of goods or serv-
ices that includes a negative option, an affirma-
tive action taken by a consumer, including 
clicking on a confirmation button or checking a 
box, that— 
(i) indicates the unambiguous consent 
of the consumer to the negative option; 
and 
(ii) is separate and apart from any ac-
tion taken by the consumer to indicate the 
initial consent of the consumer to all of the 
material terms of the offer or agreement 
(including to be charged for the prelimi-
nary period), but may occur at the same 
time as such initial consent. 
(B) EXCLUSIONS.—The term ‘‘express in-
formed consent’’ shall not include— 
(i) consent that is inferred through 
the inactivity or silence of a consumer or 
the use of pre-checked boxes with respect 
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to an initial charge or any recurring 
charge; or 
(ii) consent obtained through a user 
interface designed or manipulated to have 
the substantial effect of subverting or im-
pairing user autonomy, decision-making, or 
choice. 
(5) FREE-TO-PAY
CONVERSION
CONTRACT.— 
The term ‘‘free-to-pay conversion contract’’ means a 
contract for the sale of goods or services between 
any merchant of record and any consumer that in-
cludes an introductory period. 
(6) INTRODUCTORY PERIOD.—The term ‘‘intro-
ductory period’’ means a preliminary period of a 
contract for the sale of goods or services where— 
(A) during such period, the consumer re-
ceives a good or service at no charge or for a 
discounted cost; and 
(B) at the expiration of such period, the 
amount the consumer will be charged or other-
wise be required to pay for the good or service 
is increased. 
(7) MERCHANT OF RECORD.—The term ‘‘mer-
chant of record’’ means a person who enters into a 
financial contract with a consumer. 
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(8) NEGATIVE
OPTION.—The term ‘‘negative 
option’’ means a provision of an offer or agreement 
for the sale of goods or services under which the si-
lence of a consumer or failure by a consumer to take 
an affirmative action to reject the goods or services 
or to cancel the agreement is interpreted by the sell-
er as acceptance of the offer or renewal of the agree-
ment. 
(9) NEGATIVE OPTION CONTRACT.—The term 
‘‘negative option contract’’ means a contract that in-
cludes a negative option, including— 
(A) an automatic renewal contract; 
(B) a continuity plan contract; 
(C) a free-to-pay conversion contract; 
(D) a pre-notification negative option plan 
contract; and 
(E) any combination of the contracts de-
scribed in subparagraphs (A) through (D). 
(10) NOTIFICATION.—The term ‘‘notification’’, 
when used with respect to the terms of a contract, 
means a written notification that clearly, conspicu-
ously, and concisely states all material terms of the 
negative option, including information regarding the 
simple mechanism for cancellation and the length of 
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time required for a merchant of record to complete 
any cancellation request. 
(11) PRELIMINARY PERIOD.—The term ‘‘pre-
liminary period’’ means the period of a negative op-
tion contract prior to the date on which a negative 
option takes effect. 
(12) PRE-NOTIFICATION
NEGATIVE
OPTION 
PLAN CONTRACT.—The term ‘‘pre-notification nega-
tive option plan contract’’ means a contract between 
any merchant of record and any consumer under 
which the consumer receives periodic notices offering 
goods or services and, unless the consumer specifi-
cally rejects the offer, the consumer automatically 
receives the goods and services and agrees to pay for 
such goods and services. 
(13) SIMPLE MECHANISM.—The term ‘‘simple 
mechanism’’ means the term described in section 
425.6 of title 16, Code of Federal Regulations, or 
any successor regulation. 
SEC. 6. EFFECTIVE DATE. 
This Act shall apply with respect to contracts entered 
into or amended after the date that is 1 year after the 
date of the enactment of this Act. 
Æ 
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