Subscription Compliance

Subscription Compliance for DTC Brands

Auto-renewal and subscription laws have the highest average exposure of any e-commerce compliance risk. Class action firms are aggressively targeting DTC brands with unclear cancellation flows.

$82Kaverage exposure per subscription case
Subscription — Disclosure Audit
2/5
Disclosure Score
3 required disclosures missing
High Risk
Required Disclosures
×
Cancellation policy disclosure
FTC ROSCA
Missing
×
Auto-renewal price terms
State ARL
Missing
×
Consent checkbox (affirmative)
FTC Rule
Missing
!
Free trial end-date disclosure
ROSCA §4
Incomplete
Billing frequency stated
FTC/State
Present
Affected Pages
/subscribe
3 issues$82K
/checkout
2 issues$45K
/free-trial
1 issues$28K
Quick Fix

Add a pre-purchase consent checkbox and cancellation disclosure to drop exposure by 60%.

What is this and why should you care?

The Restore Online Shoppers' Confidence Act (ROSCA) is a federal law that requires clear disclosure of subscription terms before charging consumers, affirmative consent to the terms, and a simple mechanism to cancel. Violations can trigger FTC enforcement and private lawsuits.

On top of ROSCA, most states have their own Automatic Renewal Laws (ARLs) with additional requirements. California's ARL is the most aggressive — it requires specific pre-purchase disclosures, a clear consent mechanism, a post-purchase acknowledgment, and an easy online cancellation method.

For DTC brands running subscriptions through Shopify, ReCharge, Bold, or similar tools, compliance gaps are extremely common. The default flows from these platforms often don't meet all the legal requirements, and class action firms know exactly where to look.

ROSCA (15 U.S.C. §8401-8405)California ARL (Bus. & Prof. Code §17600-17606)FTC Negative Option Rule
Plaintiff Playbook

How they find and target online stores

Subscription lawsuits follow a predictable pattern. Firms target brands with visible subscription offerings and document every gap:

01
Step 01

Sign Up & Subscribe

An investigator subscribes to your product, carefully documenting the purchase flow: what was disclosed, where consent was captured, and what the confirmation email said.

02
Step 02

Attempt Cancellation

They try to cancel using only the methods advertised. If cancellation requires a phone call, chat with retention, or multiple steps, every friction point is documented.

03
Step 03

Build the Record

Screenshots of missing pre-purchase disclosures, unclear consent checkboxes, inadequate confirmation emails, and difficult cancellation flows become the basis of the complaint.

04
Step 04

Class Action Filing

These cases are almost always filed as class actions — every subscriber becomes a potential class member. Exposure scales with your subscriber count, often reaching six figures.

Class action filed — no prior notice required

Don't wait for the demand letter.

SuitProof scans your store for these exact vulnerabilities before attorneys do.

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Real Cases

What it actually costs

$95,0002024

PTA v. DTC Supplement Brand (2024)

Subscription supplement brand settled after complaint documented missing pre-purchase disclosures and no online cancellation option.

$120,0002023

Bursor & Fisher v. Beauty Brand (2023)

DTC beauty subscription targeted for burying cancellation behind a phone call and lacking required affirmative consent checkbox.

$68,0002024

Shamis & Gentile v. Meal Kit Co. (2024)

Meal kit company sued under California ARL for failing to send renewal reminders and making cancellation process unclear.

$45,0002023

Arun v. Pet Supply Brand (2023)

Pet supply subscription brand settled after class action alleged the opt-out process was intentionally confusing.

Prevention costs less than a settlement.

Join the waitlist and scan your store for free.

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Risk Checklist

Are you at risk?

If you offer subscriptions, check whether these compliance gaps exist in your store:

No clear pre-purchase disclosure of subscription termscritical
No affirmative consent checkbox before first chargecritical
Cancellation requires calling, emailing, or chatting with retentioncritical
No online self-service cancellation optionhigh
Confirmation email doesn't repeat key terms and cancellation methodhigh
No renewal reminder sent before each rebillmedium
Free trial converts to paid without separate consenthigh
Terms and conditions link not adjacent to subscribe buttonmedium

Find out before they do.

SuitProof automatically scans your Shopify store for these exact risks. Get on the waitlist for early access and a free compliance scan.

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How SuitProof catches this

Subscription Flow Scan

Walks your subscribe-and-save flow checking for required disclosures, consent mechanisms, and cancellation access.

ARL State Tracker

Monitors auto-renewal law requirements across all 50 states so you know which rules apply to your customers.

Cancellation Audit

Tests your cancellation flow from a customer's perspective and flags friction points that create legal exposure.

Ongoing Monitoring

Subscription flows change with app updates and theme changes. Continuous monitoring catches compliance regressions.

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Free during beta · No credit card required

Your next product launch deserves full coverage

Most compliance gaps are quick fixes — the hard part is knowing they exist. Run your first scan in five minutes and launch with confidence.