What is a negative option?

Any billing model where inaction, rather than active consent, is treated as permission to keep charging you.

What should I check before starting a free trial?

The exact conversion date and price in writing, and whether cancellation instructions are visible before you sign up.

Is there a law protecting against negative-option traps right now?

Yes — the Restore Online Shoppers' Confidence Act (ROSCA) already requires clear disclosure and simple cancellation for online negative options.

How to Spot a 'Negative Option' Trap Before You Sign Up

Published 2026-07-13 · TrimWell Media

Direct answer: A negative option is any billing model where your inaction — not unchecking a box, not canceling a trial, not responding to a renewal notice — is treated as consent to keep being charged; spotting one before you sign up means checking specifically for pre-checked add-on boxes, unclear trial-end dates, and cancellation instructions buried away from the sign-up flow.

The legal definition, simplified

Regulators define a negative option specifically as a billing model where a seller treats a consumer's inaction as authorization to charge them — covering automatic renewals, free-to-paid trial conversions, and continuity/subscription-box programs alike.

Three things to check before signing up

Look for any pre-checked boxes adding extra products or services you didn't actively select. Confirm the exact date and price of any trial-to-paid conversion in writing, not just verbally implied. And check whether the cancellation process is described anywhere near the sign-up flow itself, or only discoverable after you've already been charged.

Why this matters even without a finalized federal rule

Regardless of the status of the FTC's Click-to-Cancel rulemaking, the Restore Online Shoppers' Confidence Act already requires clear disclosure, express informed consent, and a simple cancellation mechanism for online negative-option offers — protections that exist right now, not just pending future regulation.

What to do if you spot one after the fact

If you were charged following a sign-up flow with a pre-checked box or an unclear trial date, that may be disputable with your card issuer as a billing practice that failed to meet clear-disclosure requirements.

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Frequently Asked Questions

What is a negative option?: Any billing model where inaction, rather than active consent, is treated as permission to keep charging you.
What should I check before starting a free trial?: The exact conversion date and price in writing, and whether cancellation instructions are visible before you sign up.
Is there a law protecting against negative-option traps right now?: Yes — the Restore Online Shoppers' Confidence Act (ROSCA) already requires clear disclosure and simple cancellation for online negative options.