The FTC’s much-anticipated “Click to Cancel” Rule was nixed, but the FTC is not backing down.  The FTC continues to use Section 5 of the FTC Act and various other regulations to bring enforcement actions against companies that fail to provide clear and conspicuous disclosures about recurring charges and easy-to-cancel options for consumers.  And many states have consumer protection laws prohibiting “unfair” and “abusive” practices in their arsenal to bring such enforcement actions.  

Thus, though the Rule did not survive, its intent is alive and well.  Direct Sellers should audit their recurring charge disclosures and ensure that canceling is just as easy as signing up.