15 U.S.C. § 8403

Negative option marketing on the Internet

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It shall be unlawful for any person to charge or attempt to charge any consumer for any goods or services sold in a transaction effected on the Internet through a negative option feature (as defined in the Federal Trade Commission’s Telemarketing Sales Rule in part 310 of title 16, Code of Federal Regulations), unless the person—(1) provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer’s billing information;(2) obtains a consumer’s express informed consent before charging the consumer’s credit card, debit card, bank account, or other financial account for products or services through such transaction; and(3) provides simple mechanisms for a consumer to stop recurring charges from being placed on the consumer’s credit card, debit card, bank account, or other financial account.(Pub. L. 111–345, § 4, Dec. 29, 2010, 124 Stat. 3620.)

Notes of Decisions

Cited in 15 cases (12 in the last 5 years), 2017–2025 · leading case: Fed. Trade Comm'n v. Credit Bureau Ctr., LLC, 235 F. Supp. 3d 1054 (N.D. Ill. 2017).

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Fed. Trade Comm'n v. Credit Bureau Ctr., LLC, 235 F. Supp. 3d 1054 (N.D. Ill. 2017). · cites it 2× “138 ; and the Restore Online Shoppers’ Confidence Act (ROSCA), 15 U.S.C. § 8403 . The FTC moved ex parte for a temporary restraining order including an asset freeze, appointment of a receiver, and other relief.”

Fed. Trade Comm'n v. Credit Bureau Ctr., LLC, 325 F. Supp. 3d 852 (E.D. Ill. 2018). · cites it 3× “§ 45 (a)(1) ; the Restoring Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. § 8403 ; and the Free Credit Reports Rule.”

FTC v. Credit Bureau Ctr., LLC, 81 F.4th 710 (7th Cir. 2023). “2 (w); see also 15 U.S.C. § 8403 (incorporating the definition by reference).”

Fed. Trade Comm'n v. Amazon.com, Inc. (W.D. Wash. 2025). · cites it 3× “§ 45 (a), and Section 4 of the Restore Online 5 Shoppers’ Confidence Act (ROSCA), 15 U.S.C. § 8403 . Dkt. # 67 at 1–2 ¶ 1. The FTC 6 contends that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon 7 Prime by failing to disclose the material terms of…”

Fed. Trade Comm'n v. Credit Bureau Ctr., LLC (N.D. Ill. 2018). · cites it 2× “§ 45 (a)(1); the Restoring Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. § 8403 ; and the Free Credit Reports Rule.”

Fed. Trade Comm'n v. paddle.com Mkt. Ltd. (D.D.C. 2025). · cites it 2× “Part 310, and the Restore Online Shoppers’ Confidence Act (“ROSCA”), 15 U.S.C. §§ 8403 and 8404. The Commission and Defendants stipulate to the entry of this Stipulated Order for Permanent Injunction, Monetary Judgment, and Other Relief (“Order”) to resolve all matters in…”

Custom Commc'ns, Inc. v. Fed. Trade Comm'n (8th Cir. 2025). · cites it 2× “After reviewing public comments, the Commission published an enforcement policy statement reiterating various principles from FTC guidance and case law, as well as statutes addressing recurring subscriptions, like the Restore Online Shoppers’ Confidence Act of 2010, 15 U.S.C. §…”

Matter of People of the State of New York v. Sirius XM Radio Inc., 2025 NY Slip Op 06145 (N.Y. App. Div. 2025). · cites it 2× “) Given the plain language, legislative history and case law interpreting 15 USC § 8403, we find that the requirement that a cancellation method be "simple" means that it is straightforward and convenient ( see S Rep 111-240, 111th Cong, 2d Sess at 7; United States v MyLife.”

Fed. Trade Comm'n v. Credit Bureau Ctr., LLC (N.D. Ill. 2021). “§ 45 (a), and counts 3 and 4, which alleged CBC violated section 4 of ROSCA, 15 U.S.C. § 8403 . Citing section 13(b) of the FTC Act and section 5(a) of ROSCA, the FTC requested injunctive relief and restitution.”

Mylife.com Inc. (Bankr. C.D. Cal. 2023). “3 (a)(1)–(2), and (3) violation of the Restore Online Shoppers Confidence Act (“ROSCA”), 15 U.S.C. § 8403 (collectively, the “Consumer Protection Statutes”).”

United States v. Mylife.com Inc. (Bankr. C.D. Cal. 2023). “3 (a)(1)–(2), and (3) violation of the Restore Online Shoppers Confidence Act (“ROSCA”), 15 U.S.C. § 8403 (collectively, the “Consumer Protection Statutes”).”

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