A Practical Tool to Meeting Legal Requirements for Negative Option and Continuity Offers.
Recurring charges, subscriptions, and free trials can be an effective marketing strategy, but only if you follow the rules.
Our checklist is designed to help ensure that your negative option and continuity offers comply with applicable laws, including the CAN-SPAM Act, FTC regulations, and relevant state statutes. It provides a clear framework for verifying key compliance elements associated with recurring billing and subscription-based marketing practices.
Key Features of Our Compliance Checklist:
-
Clear Consent. Confirm that customers provide informed and explicit consent before enrollment in any negative option or continuity program.
-
Opt-Out Mechanisms. Ensure that customers have access to straightforward and accessible methods to cancel or opt out at any time, consistent with legal requirements.
-
Disclosure of Terms. Verify that all material terms, including pricing, automatic renewal, and cancellation policies, are fully disclosed prior to the transaction.
-
Billing Transparency. Maintain clear and accurate billing practices without hidden fees, and provide timely communication regarding recurring charges.
-
FTC Compliance. Adhere to the Federal Trade Commission’s rules on negative option marketing, including appropriate timing, consent, and disclosures.