Auto-renewal and trial offer rules in the US: ROSCA explained

In the US, the main law for online auto-renewals and trial offers is the Restore Online Shoppers' Confidence Act (ROSCA), passed in 2010. It says a seller must clearly disclose the material terms before taking your billing information, get your express informed consent before charging you, and give you a simple way to stop recurring charges. The FTC's newer "click-to-cancel" rule was announced in 2024, but the FTC's own pages now describe that rule as vacated, so as of October 2026 ROSCA and the FTC's general authority carry most of the weight. This guide explains what that means for someone buying a supplement online. It is general information, not legal advice.

What is a negative option, and why do supplements use it?

The FTC describes a negative option as a marketing method where the absence of action by the buyer counts as consent to be charged. In supplement sales it usually shows up as a free or low-cost trial that turns into a paid subscription, or as a "subscribe and save" box that ships and bills again every month until you cancel.

The FTC says these programs can be convenient, but they can also harm people when disclosures are misleading or inadequate, when people are billed without consent, or when canceling is hard. In a March 2026 notice it said it had received more than 100,000 complaints about negative options and related practices over five years.

What does ROSCA actually require?

For an online sale with a negative option feature, the statute (15 U.S. Code 8403) makes it unlawful to charge a consumer unless the seller does three things:

1. Discloses all material terms in clear and conspicuous text before obtaining your billing information.
2. Obtains your express informed consent before charging your card, debit card, bank account or other financial account.
3. Provides simple mechanisms for you to stop recurring charges.

A separate section covers add-on sellers that are not affiliated with the merchant you first bought from. It requires clear disclosure, your own account details and an extra affirmative action such as ticking a confirmation box, and it bars the first merchant from passing your card data to such a seller. Violations are treated like a violation of an FTC rule, and state attorneys general can also bring actions for injunctive relief.

Note what ROSCA does not do. It does not give you a statutory refund right, and it does not set a trial length. The refund window for your order comes from the seller's and the processor's terms, which is why our ClickBank refund guide matters.

What happened to the FTC click-to-cancel rule?

On October 16, 2024 the FTC announced a final rule that would have required sellers to make canceling as easy as signing up, among other things. The FTC's Negative Option Rule page now lists a February 12, 2026 notice that revises the rule to conform to federal court decisions, and a March 11, 2026 request for public comment on whether to amend the current rule. In that request the FTC refers to "the vacated 2024 Rule" and lists adopting parts of it as one possible path.

In plain terms: the rules may change again, and the status of any proposal can move after this page was written. Check the FTC's Negative Option Rule page before relying on a specific provision. The ROSCA duties described above are statute, not rule, and they stand on their own.

What do these rules look like at a real supplement checkout?

We do not judge whether any seller broke the law. We record what the order form shows, so you can read the terms before you pay. Examples from our reviews:

Compare that with the three ROSCA duties. Is the recurring charge shown before you enter your card? Is your agreement an active click rather than a default? Is canceling explained? A review score for transparency reflects exactly that kind of reading, as explained in our review method.

Two cautions when you read these. First, a subscription is not automatically a violation: many are legal when the terms are shown and agreed to. Second, the price on the sales page can differ from the order form, as the Magnesium Breakthrough example shows, so the order form is the document that counts. Take the monthly cost from there and divide the price by the days the supply lasts before you compare offers.

What should you check before agreeing to a trial or subscription?

• The total and the schedule. How much is charged today, how much next, and how often.
• The end of the trial. The date it converts to a paid plan, counted from when you order, not when the box arrives.
• How to cancel. The FTC says the terms should tell you how and when to cancel; if you cannot find that, it suggests you do not sign up.
• Pre-checked boxes. The FTC warns a checkmark may give permission to keep charging you or sign you up for more products.
• The refund window. Note it down with the order number. Some windows are long, for example 365 days on the checkout page of some offers, but the shorter window on the order form is the one to plan around.

Save a screenshot of the final order summary and the confirmation email. If something goes wrong, those are your proof.

What can you do if you are charged after canceling?

The FTC's steps are practical. Look up the company running the subscription and follow its cancellation instructions. Keep a copy of your cancellation request and notes about any call. Watch your statements for charges after you canceled. If a company charges you extra or will not stop charging after you told it to cancel, file a dispute with your card issuer and keep your records. The FTC also says you can report problems with canceling, or charges for a subscription you did not agree to, at ReportFraud.ftc.gov and to your state attorney general.

For card disputes about a billing error, the FTC says your written letter should reach the issuer within 60 days after the first bill with the error was sent. Our guide to canceling supplement subscriptions goes deeper, and the full review list lets you check the stated terms of an offer before you buy.

FAQ

Is auto-renewal legal in the US?

Yes. Negative option offers are legal when the seller discloses the terms clearly before taking your billing details, gets your express informed consent, and provides a simple way to stop the charges. The FTC says they can also benefit buyers and sellers.

Does the click-to-cancel rule apply to supplement subscriptions?

The 2024 rule was announced but the FTC's pages now describe it as vacated, and a new comment process began in March 2026. Check the FTC's Negative Option Rule page for the current status.

Is a free trial really free?

Not if you pay for shipping or fees. The FTC's advice is that if you have to pay to get a free trial, it is not really free. You also usually give a card number so the seller can charge you if you do not cancel in time.

Who enforces these rules?

The FTC enforces ROSCA, and state attorneys general can bring actions too. As a buyer, you can report problems to the FTC and to your state attorney general. Talk to a lawyer if you need advice on a specific dispute.