Click-to-Cancel After the FTC Rule Vacatur: State ARL Still Matters

What changed federally

The FTC’s 2024 click-to-cancel / negative-option rule aimed at a nationwide standard for easy cancellation and related negative-option practices. In 2025 that rule was vacated. Merchants should not treat Subnotice scores, App Store copy, or blog posts as claiming that a vacated federal rule is still enforceable.

Vacatur does not mean auto-renew is unregulated. State statutes and AGs remain active — California ARL and peer state regimes included.

What did not change

• State ARL disclosure + consent + cancel duties still attach where your customers live.
• Renewal notices with date, amount, frequency, and cancel instructions remain a practical (and often statutory) expectation.
• Chargebacks still ask “did you tell them before the charge?” regardless of federal rule status.

Two layers merchants confuse

Cancel UX (click-to-cancel style). Customer must cancel online as easily as they signed up — owned by Recharge / Loop / Skio / Shopify customer accounts and your theme. Subnotice does not replace that portal.

Renewal-notice evidence. Timed emails + exportable log that you notified before billing. That is the layer Subnotice ships: policy readiness score + pre-renewal notices + audit CSV. Useful under state ARL prep and for dispute packets — not a certificate that cancel UX is lawful.

Practical priorities after vacatur

1. Map which states your subscribers ship to (not only your HQ).
2. Confirm cancel is online and findable in your subscription app.
3. Turn on pre-renewal notices with content: date, amount, frequency, cancel link.
4. Export and retain notice logs; do not claim a “3-year consent vault” unless counsel signs off on retention vs platform redact rules.
5. Scan published policies for ARL-style wording gaps — heuristic only.

Deep dive on California: California ARL for Shopify. Product page: Subnotice for US merchants. FAQ: FTC vacated + US ARL.