Automatic Renewal and Subscription Laws Update: What’s Coming in 2026 and the Most Important Developments in 2025

This CLE webinar will review the most important developments in 2025 concerning subscription and automatic renewal laws (ARLs) and what businesses and counsel can expect in 2026 and beyond. The speakers will discuss what these laws require, how they differ from jurisdiction to jurisdiction, and enforcement trends by the FTC, state attorneys general, the class action plaintiffs bar, and others. They will also highlight key decisions, case filing trends, and settlements, and discuss practical options for in-house and defense counsel.

The FTC's Rule Concerning Subscriptions and Other Negative Option Plans—a/k/a Click-to-Cancel—was vacated by the Eighth Circuit in 2025 due to procedural defects, but the FTC has continued to enforce existing regulations and has indicated further rulemaking may be in the offing. In addition, numerous states (including Arkansas, California, Colorado, Connecticut, Maryland, Massachusetts, Minnesota, New York, Utah, and others) have been amending, and in some instances enacting for the first time, state-level ARLs that regulate subscriptions and similar automatically renewing contracts for goods or services. These laws can require upfront disclosures, affirmative consent, reminders, and an easy cancellation process. They may also govern "free trials." Enforcement is regularly occurring at both the federal and state level and via regulatory enforcement as well as civil lawsuits (typically class actions).

Counsel should understand what claims are typically asserted in these actions and whether they have evolved, what implications new and amended state and federal laws may have, and how these cases are being resolved in order to prepare for 2026 and beyond.

Listen as our expert panel delves into the current status and key issues in ARL disputes and offers insights into what to expect in 2026.