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NCL supports click-to-cancel legislation in Maryland Senate

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January 21, 2025

Media Contact: Lisa McDonald, Vice President of Communications, (202)- 207-2829

Washington, D.C. – Today, NCL submitted testimony in support of SB49 before a Thursday hearing in the Maryland Senate Finance Committee.

 

January 21, 2025

The Honorable Pamela Beidle, Chair
Senate Finance Committee
Maryland General Assembly
3 East Miller Senate Office Building
Annapolis, MD 21401

RE: NCL support for SB 49 (Consumer Protection-Automatic Renewals)

Dear Chair Beidle,

On behalf of the National Consumers League (NCL), the nation’s oldest consumer advocacy organization, I write to express our strong support for SB 49 (cross-filed with HB 107), a bill introduced by Senator Gile that would promote fairness in the marketplace for automatically renewing subscription contracts.^1 As an organization that has long championed consumer rights and the protection of vulnerable populations from unfair, abusive, and deceptive trade practices, we are pleased to see Maryland considering such important legislation. We urge the committee to favorably report the measure with amendments to strengthen the legislation even further.

The average consumer pays two-and-a-half times what they originally estimated on monthly subscriptions.^2 When an individual attempts to cancel an automatic renewal, they often encounter burdensome cancellation processes. One survey found that more than half of respondents
reported an average of three months to cancel unwanted recurring payments.^3 That same study discovered that 71% of individuals lost more than $600 a year in unwanted payments.

NCL has been an active supporter of auto-renewal protections in other jurisdictions, including at the Council of the District of Columbia^4 and the Federal Trade Commission,^5 where rules set clear guidelines for both the provision and cancellation of automatically renewing subscription contracts. These measures were designed to enhance transparency, prevent deceptive practices, and ensure that consumers are able to easily cancel such subscriptions without unnecessary obstacles or undue financial burdens. We believe that SB 49, which reflects many of these same principles, is a step in the right direction toward safeguarding Maryland consumers from exploitation through automatic renewal clauses that can trap them into paying for services they no longer wish to receive or did not realize they signed up for in the first place.

While the Federal Trade Commission has finalized its click-to-cancel rule to take effect nationwide,^6 the future of this federal regulation is uncertain as a new presidential administration and new majorities in Congress have the means to undo the critical consumer protection. Regardless of the federal regulation’s status, Maryland has the opportunity to enact even stronger protections for its citizens through SB 49.

Compared to the federal rule, Senator Gile’s legislation goes further in protecting Marylanders by requiring sellers to provide an annual notice to consumers enrolled in an autorenewal plan, clearly reminding them of the terms of the plan and the cancellation methods available. Additionally, SB 49 includes safeguards against free trial conversion traps, a provision that is absent in the federal regulation.

There are however a few improvements that the committee should implement to better protect Maryland consumers.

First, require sellers to obtain a separate consent solely for the automatically renewing piece of the product, apart from any other transaction. Consumers too often believe they are purchasing a product without knowing that they are signing up for a subscription. While the clear and conspicuous disclosures proposed in SB 49 will go a long way in reducing this unfair, abusive, and deceptive trade practice, requiring separate consent for the subscription should significantly reduce any remaining confusion.

Second, require sellers to provide a notice to consumers before each automatic and recurring payment. While the annual notice in the bill is commendable, providing the same reminder (including the terms of the plan, the amount to be charged, and the cancellation methods) before each recurring payment—whether they be annually, monthly, or similarly regular basis—would greatly lessen consumer harm.

Third, prohibit sellers from obtaining a consumer’s credit card information to begin a free trial. Too many dishonest businesses enroll consumers in free trial conversion traps, using pre-given credit card information and hidden consent for the conversion to a paid subscription. SB 49’s notice requirement before conversion should dissuade this practice, prohibiting sellers from requiring consumers to provide their credit card information to begin a free trial would eliminate this unfair, abusive, and deceptive practice entirely.

Lastly, remove the deferral to federal regulation in subsection E (lines 20 through 23 on page 5). SB 49 in its current form already includes a number of additional safeguards missing in the federal regulation. Allowing covered entities to escape their obligations under Maryland law as long as they adhere to the lesser requirements in the federal regulations would be unnecessarily self-limiting. The Federal Trade Commission itself included a deferral to the states in its regulation, stating in 16 CFR § 425.7

(a) In general. This part shall not be construed as superseding, altering, or affecting any State statute, regulation, order, or interpretation relating to negative option
requirements, except to the extent it is inconsistent with the provisions of this part, and then only to the extent of the inconsistency.

(b) Greater protection under State law. For purposes of this section, a State statute,
regulation, order, or interpretation is not inconsistent with the provisions of this part if it affords any consumer greater protection than provided under this part.^7

NCL applauds Senator Giles for her leadership on this issue and appreciates the committee’s work to protect Maryland consumers. By enacting SB 49, Maryland would join a growing list of states and localities working to curb the negative effects of automatic renewal schemes and ensure that businesses are held accountable for their marketing and contract practices. NCL supports SB 49 and urges the committee to strengthen the bill even further before favorably
reporting the measure.

Should you or your colleagues have any questions, please do not hesitate to contact me at your convenience.

 

Sincerely,

Eden Iscil
Senior Public Policy Manager
National Consumers League
edeni@nclnet.org

cc: The Honorable Antonio Hayes, Vice Chair, Senate Finance Committee
The Honorable Dawn Gile
The Honorable Andrew Prusk

 

1 “Consumer Protection – Automatic Renewals,” Maryland General Assembly, accessed January 21, 2025. https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0049
2 “Subscription Service Statistics and Costs,” C+R Research, May 18, 2022. https://www.crresearch.com/blog/subscription-service-statistics-and-costs/
3 “Survey from Chase Reveals That Two-Thirds of Consumers Have Forgotten About At Least One Recurring Payment In The Last year,” Chase, April 1, 2021. https://media.chase.com/news/survey-from-chase-reveals
4 “D.C. Law 22-235. Structured Settlements and Automatic Renewal Protections Act of 2018,” Council of the District of Columbia, March 13, 2019. https://code.dccouncil.gov/us/dc/council/laws/22-235
5 “NCL welcomes FTC’s click-to-cancel rule,” National Consumers League, October 17, 2024. https://nclnet.org/ncl-welcomes-ftcs-click-to-cancel-rule/ 
6 “Federal Trade Commission Announces Final ‘Click-to-Cancel’ Rule Making It Easier for Consumers to End Recurring Subscriptions and Memberships,” Federal Trade Commission, October 16, 2024. https://www.ftc.gov/news-events/news/press-releases/2024/10/federal-trade-commission-announces-final-click-cancel-rule-making-it-easier-consumers-end-recurring 
7 “Part 425—Rule Concerning Recurring Subscriptions and Other Negative Option Programs,” Code of Federal Regulations, January 16, 2025. https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-425

 

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

Statement on the Death of President Jimmy Carter, Sally Greenberg, CEO

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Photo Credit: LBJ Presidential Library, Austin, Texas, 2014.

January 1, 2025

The National Consumers League extends condolences to the family, friends, and community of former President Jimmy Carter upon his death this week. In addition to being an honest and effective Commander in Chief and humanitarian who expanded access to housing for low-income families through his work on Habitat for Humanity, President Carter should also be remembered as a great consumer champion.

During his presidency, Mr. Carter championed consumer protection in a variety of ways. He appointed labor and consumer champion Esther Peterson, who also served as president of the National Consumers League, to head the White Office of Consumer Affairs. Like President Lyndon Johnson (LBJ)  before him, who first named Peterson to the post of Special Adviser to the President Jimmy Carter understood that consumer rights permeate citizens’ experiences with companies and with government.

Unlike his processor, Mr. Carter gave Mrs. Peterson a staff and access to him personally in the Oval Office. As such, Mr. Carter elevated consumer protection far beyond LBJ’s decree. Along with re-appointing Esther Peterson, Carter issued a historic decree in April of 1978, “Memorandum from the President on Consumer Affairs,” the first of its kind, directing the heads of every government agency to take a series of steps to prioritize consumer protection. 

Notably, Mr. Carter stated that “the Agency for Consumer Advocacy is mainly designed for participation in very large administrative proceedings; it is only one of a number of steps which will better protect the consumer.”

On a personal note, I had the honor of meeting President Carter in 1978, when he appointed my aunt, Geri Joseph, to serve as Ambassador to the Netherlands. I was lucky to be able to attend her swearing-in ceremony in the Oval Office. I found him to be kind and charming; despite a number of pressing matters, he took the time to introduce himself to every member of our family who was gathered for the occasion. 

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NCL urges Congress to improve air travel as FAA reauthorization progresses

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February 15, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – Last week, the U.S. Senate Commerce Committee advanced the five-year reauthorization of the Federal Aviation Administration (FAA). The legislation does contain some victories for consumers, but it does not contain the deep reforms of an uncompetitive industry that are sorely needed.

“Passengers are crying out to Congress to implement real reforms that make flying less miserable,” said NCL Vice President of Public Policy, Telecommunications, and Fraud John Breyault. “The Senate Commerce Committee could have used its twice-a-decade opportunity to swing for the fences on behalf of the flying public. Unfortunately, they settled for a bunt single.”

NCL, in coalition with other consumer and passenger rights organizations, has called for stronger safeguards to be included in the FAA reauthorization bill for years. Last February, NCL and eight other advocacy groups sent a letter to House and Senate Commerce Committee leaders urging support for a range of critical reforms to the airline industry. Key among those demands was a change to allow state attorneys general to enforce consumer protection laws against airlines, something that federal law currently prohibits them from doing. Thirty-seven bipartisan state attorneys general have also supported this reform, which both the House of Representatives and the Senate have so far ignored in their bills.

“Congress is running out of time to get this right,” said Breyault. “We strongly urge members of the Senate to make protecting the flying public a bigger priority as this bill moves to a floor vote.”

Several of the passenger rights coalition’s other priorities were included in the bill reported out of the Senate Commerce Committee. These reforms include a requirement that children be seated with their family and caregivers without additional fees, a requirement that air travel vouchers not expire before five years, standards for refunds in the event of a delay or cancellation, minimum customer service call center requirements, and creating an assistant Secretary of Aviation Consumer Protection.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL applauds CPSC’s vote on a historic table saw safety rule that could save up to $2.32 billion and prevent 50,000 grave table saw injuries each year

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October 20, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – The National Consumers League applauds the Consumer Product Safety Commission’s (CPSC) 3-1 vote on October 18, 2023, to move forward towards a mandatory safety standard for electric table saws, which cause 50,000 partial or full amputations each year and cost the health care system upwards of $2.3 billion a year.

“We thank Chairman Alex Hoehn Saric for his leadership and Commissioners Richard Trumka Jr. and Mary Boyle for their support,” said NCL’s CEO Sally Greenberg. “NCL has been working to get requirements for safer table saw designs since 2008. This is a very welcome development for a product that is so ubiquitous in American homes, while at the same time posing such a grave danger of injury. Over 20 years, table saws have injured one million people.”

NCL Board member and former Executive Director of the CPSC, Pamela Gilbert, noted that this vote is long overdue. “The technology to almost entirely do away with serious injuries from table saws has been available for over two decades. Members of the power tool industry, sadly, have resisted safer designs despite many opportunities to do so,” said Gilbert. “The delay has led to hundreds of thousands of permanent, debilitating injuries that could have been prevented. It’s time for the industry to step up and do the right thing for their customers.”

NCL noted that Commissioner Trumka is seeking information from leadership at seven power tool companies, including SawStop, which already incorporates Active Injury Mitigation to prevent serious table saw injuries, as called for in the proposed rule. He seeks their views on a faster implementation period than the 3 years called for in the proposed rule. Responses to his letter are due on November 15, 2023, and will prove interesting and instructive.

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL applauds Biden Administration’s continued actions to combat junk fees

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October 11, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, D.C. – The National Consumers League (NCL), the nation’s oldest consumer advocacy organization, today applauded the White House’s announcement of additional whole-of-government efforts to crack down on hidden junk fees that drain consumers’ pocketbooks and reduce competition.

NCL singled out, in particular, the Federal Trade Commission’s (FTC) proposed rule prohibiting junk fees and bogus charges across the economy. NCL previously supported a petition urging the Commission to begin such a rulemaking. The League also praised the Consumer Financial Protection Bureau’s action to bar the imposition of fees on consumers seeking basic information, such as bank account balances or loan repayment information.

“Over the last two years, the Biden Administration has championed the cause of ridding the American economy of hidden charges and promoting economic competition on behalf of American consumers,” said NCL Chief Executive Officer (CEO) Sally Greenberg. “Thanks to consumer advocacy and the federal government’s efforts, many of the biggest banks have reduced or eliminated predatory overdraft fees. This Administration’s actions to address industry consolidation have also reinvigorated discussions about antitrust law and put fair treatment of average Americans as the focus of national policy. The League commends these agencies’ actions to protect consumers throughout the marketplace.”

NCL has been working with the White House, federal agencies, and partners in Congress to rein in the scourge of junk fees. Last month, NCL Vice President of Public Policy John Breyault testified before the U.S. House of Representatives on various ways to address the use of predatory fees in live event ticketing and hotels and short-term lodging. In June, NCL CEO Greenberg testified in the U.S. Senate on the need to end corporations’ “addiction” to junk fees. And in February, NCL joined 42 other advocacy organizations in comments to the FTC supporting a wide-sweeping federal regulation to prohibit the use of predatory and deceptive fees.

Today’s announcement comes just a few weeks after the FTC and U.S. Department of Justice completed the first stages of implementing new guidelines informing how the agencies evaluate whether business acquisitions and mergers would violate federal law. NCL’s comments supporting these new guidelines can be found here.

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL supports President Biden’s nominee for Administrator of the Federal Aviation Administration

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October 3, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, D.C. – Today, the National Consumers League (NCL) urged the U.S. Senate to swiftly confirm President Biden’s nominee for Administrator of the Federal Aviation Administration (FAA), Michael G. Whitaker. Despite a growing number of problems under the FAA’s jurisdiction—including an alarming number of near-misses involving passenger aircraft—the Administration has lacked a Senate-confirmed Administrator for eighteen months. 

The following statement is attributable to NCL Chief Executive Officer Sally Greenberg: 

“The FAA has been without a permanent administrator for too long. Without strong leadership, the agency will struggle to fulfill critical consumer protection mandates, including Congress’s 2018 directive that the agency set minimum seat sizes on airplanes. The Senate should act to restore the full strength of the Administration and confirm Mr. Whitaker as FAA Administrator.”  

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL supports updated merger guidelines

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September 20, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – The National Consumers League sent a letter in support of the draft merger guidelines that the U.S. Department of Justice  and the Federal Trade Commission proposed in July of this year. The guidelines reflect an approach to antitrust enforcement that is grounded in statute and judicial precedent and are a significant improvement from the narrower focus of previous enforcement regimes. By centering market competition as the goal of antitrust law, the DOJ and FTC can appropriately act to protect consumers and workers when mergers pose a threat to the public. 

The full letter can be found here.

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

National Consumers League urges Ticketmaster to refund Springsteen fans

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September 11, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, D.C. – The National Consumers League (“NCL”) today urged Ticketmaster to immediately offer refunds to fans who purchased tickets to Bruce Springsteen’s postponed concerts. Due to illness, the rock icon recently announced indefinite postponements of the remainder of the concerts currently scheduled for September. According to Ticketmaster’s Purchase Policy, consumers will only be able to obtain refunds when the postponed concerts are rescheduled for a date to be determined.

The following statement is attributable to NCL Chief Executive Officer, Sally Greenberg:

“Like millions of other fans, our best wishes go out to Bruce Springsteen in light of his pressing medical issues, and we wish him a speedy recovery. Throughout his career, he has put his fans first. However, given the announcement that multiple upcoming concerts have been postponed to a date to be determined, we are concerned that consumers are not being given the option by Ticketmaster to obtain refunds for their tickets. Due to Ticketmaster’s policies, millions of dollars in fans’ funds are stuck in limbo, potentially for months or even longer.

We understand that many of Springsteen’s fans may opt to hold onto their tickets and will plan to see The Boss when his concerts are rescheduled. Until then, Ticketmaster will almost certainly be earning interest on fans’ funds that are locked up due to the company’s refund policy. Essentially, due to its policies, Ticketmaster is forcing fans to give the company an interest-free loan for an indeterminate period. It is a bedrock consumer protection principle that when a consumer does not get a product she paid for, a prompt refund should be issued. Ticketmaster should give consumers the option to immediately obtain refunds not just for Bruce Springsteen’s concerts, but for all postponed events going forward.”

 

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL urges Senate committee to pass the College for All Act

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August 28, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – Today, the National Consumers League (NCL) urged the U.S. Senate Committee on Finance to favorably report the College for All Act of 2023.

” The National Consumers League1 (NCL) urges the U.S. Senate Committee on Finance to favorably report S.1963, or the College for All Act of 2023, without delay. The College for All Act would transform the nation’s system of higher education by allowing millions of students to pursue college degrees that they otherwise could not afford. Additionally, it would prevent student debt from continuing to burden future attendees of higher learning, a significant issue currently affecting graduates, individuals with partial educational attainment, and parents of students.” 

The full letter can be found here.

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

National Consumers League response to the Request for Information regarding FDA regulation of CBD

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August 25, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – On August 17, the National Consumers League responded to the Request for Information regarding FDA-Regulation of CBD.

“In 2019, in response to the proliferation of unreviewed and untested CBD products, NCL identified the need for greater education among consumers about CBD and better enforcement of regulations in the CBD marketplace. NCL created Consumers for Safe CBD to address the need, champion the rights of consumers, and call on government and industry to do better – to ensure safety and promote a pathway for new products through clinically tested scientific research. Since then, action has been taken on the state and federal levels to increase access to cannabinoids beyond CBD. In response, NCL expanded our educational campaign and established Cannabis Consumer Watch.” 

The full letter can be found here.

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.