Consumer group says ‘NO!’ to proposal to lift standard sizes for spirits, says ‘unscrupulous actors will cheat consumers’

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October 29, 2019

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

NCL files comment with the U.S. Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) objecting to a proposal to completely eliminate ‘standards of fill’ (or permissible bottle sizes) for distilled spirits, inviting consumer confusion.

Washington, DC—The National Consumers League (NCL) has filed a regulatory comment with the Alcohol and Tobacco Tax and Trade Bureau (TTB) objecting to its proposed regulation (Docket TTB-2019-0005) to eliminate the “standards of fill” or permissible bottle sizes for distilled spirits products. 

For years, NCL has been urging TTB to take into account adult consumers’ interest in having access to clear, usable, and meaningful information about the alcoholic beverages they consume. Most recently, NCL wrote TTB to make the case that its effort to “modernize” alcoholic beverage labeling and advertising should include mandatory serving facts labeling so that consumers may understand how much alcohol (as well as nutrients) they consume in a serving and in a given container. 

In its comment, NCL objects to the TTB proposal because of its great potential to harm consumers by damaging the common understanding of container sizes, which consumers have come to rely on since the end of Prohibition. The TTB proposal makes no sense in the absence of mandatory serving facts labeling and invites deceptive practices by unscrupulous manufacturers who will undoubtedly vary bottle sizes to deceive consumers and increase profits.

NCL’s full comment may be seen here. 

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About the National Consumers League

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 www.nclnet.org.

FAA evacuation tests could give green light to unsafe and inhumane airline seating

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October 21, 2019

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The Federal Aviation Administration’s (FAA) upcoming passenger evacuation tests are designed with outdated standards that do not reflect the realities of today’s airline travel marketplace, said a coalition of ten consumer and flyers rights organizations in a letter sent today to FAA Administrator Steve Dickson and Department of Transportation (DOT) Secretary Elaine Chao.

The groups’ letter explains how the FAA’s current evacuation testing standards, which have not been updated in more than 20 years, do not account for multiple factors that could prevent safe evacuation in the legally-required 90-second threshold. For example, the current standards do not account for the presence of emotional support animals in the cabin, parents who may be separated from their children due to airlines’ family seating policies, or passengers with disabilities. In addition, the current evacuation standards do not account for the experience in recent emergencies of significant numbers of passengers attempting to bring personal items like roller bags with them as they evacuate. Nor do the standards effectively simulate the disruption from the widespread panic that can be expected in the event of an actual emergency.

“The FAA’s standards are woefully out of date and out of step with the current state of airline travel,” said John Breyault, vice president of public policy, telecommunications and fraud at the National Consumers League, which organized the letter. “Unless the standards are improved, the airlines will almost certainly see the results of these tests as a green light continue their never-ending quest to shrink seat sizes and cram more passengers into planes.”

In September, FAA Deputy Administrator Daniel Elwell announced that that the agency will conduct tests of airplane evacuations involving 720 “demographically representative” people over 12 days in November 2019 in Oklahoma City. These tests, the first conducted by the FAA in nearly two decades, come in response to a Congressional mandate that the agency set minimum seat size standards in order to increase passenger safety. Unfortunately, the FAA appears to be pressing forward with the testing without input from the DOT’s Office of Inspector General, which is currently conducting an audit of evacuation testing standards, or the agency’s own emergency evacuation standards advisory committee. Furthermore, it appears the testing will not be conducted with full-scale airplane cabin mock-ups, but instead using smaller sections that don’t properly simulate packed airplanes.

“It is imperative that Secretary Chao and Administrator Dickson act aggressively to address our organizations’ concerns so that the public, whose faith in the FAA has been significantly diminished recently, will have confidence that the highest of standards were employed during the test evacuations,” said Business Travel Coalition chairman Kevin Mitchell. “Congress also needs to ensure that the testing processes and the underlying critical assumptions are realistic,” added Mitchell.

“Airline travel has changed significantly over the last 20 years, with shrinking seats and record passenger loads, a high influx of carry-on bags, scattered seating of families, ubiquitous electronic gadgets and cords and even on-board animals,” said William J. McGee, Aviation Adviser for Consumer Reports. “It is critical that the FAA’s methodology changes as well, so that this vital testing accurately reflects real-world scenarios, where the stakes are often life-and-death.”

The letter was signed by the National Consumers League, Business Travel Coalition, Consumer Action, Consumer Federation of America, Consumer Reports, EdOnTravel.com, FlyersRights.org, Travel Fairness Now, Travelers United and U.S. Public Interest Research Group Education Fund.

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About the National Consumers League

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 www.nclnet.org.

NCL: Cars need to come with data deletion buttons to enhance consumer privacy protections

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October 3, 2019

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League, America’s pioneering worker and consumer advocacy organization, today called on Congress to take steps to rein in car manufacturers’ data collection practices and ensure that consumers have a mechanism to easily delete personal information collected about them by their vehicles.

Thanks to a proliferation of sensors, cellular connectivity and powerful in-car infotainment systems, modern cars can reportedly generate 25 gigabytes every hour and 4,000 gigabytes of data per day. In its new white paper, the consumer group examined the vast scope of personal information being collected about drivers by automobile companies to power a vast data engine that could be worth $750 billion by 2030.

“Every time a consumer gets in a car — whether it’s a vehicle she owns, rents, or rides in – huge amounts of personal data get shared with car companies with practically no oversight or consumer protections,” said NCL Executive Director Sally Greenberg. “We want to shine a light on car companies’ data practices and encourage Congress to create common-sense rules of road for this growing marketplace.”

The NCL white paper examines several existing laws and proposed bills to offer a framework to legislators for steps they can take to better protect the privacy and data security of the driving public. In particular, NCL is urging Congress to mandate that car manufacturers include an easy-to-use data deletion functionality in all new cars to help consumers take control over their in-car data.

“Consumers just want to get from point A to point B safely,” said Greenberg. “While the data generated by our cars can help fuel innovation in the auto industry, that shouldn’t come at the expense of our privacy. Consumers are looking to Congress to take the lead and ensure that car company’s data collection practices have some sensible guardrails.”

Read NCL’s new white paper here. (pdf)

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About the National Consumers League

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 www.nclnet.org.

AdvoCare settlement highlights FTC’s importance in protecting consumers from pyramid schemes

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October 2, 2019

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—Today, the National Consumers League, the nation’s pioneering consumer and worker advocacy organization applauded the Federal Trade Commission (FTC) for its successful investigation and settlement with multi-level marketing (MLM) company AdvoCare. The settlement, in addition to providing $150 million in relief to victims, implements a lifetime ban preventing AdvoCare from ever rejoining the MLM business.

The following statement is attributable to John Breyault, vice president of public policy, telecommunications and fraud at the National Consumers League:

Today’s settlement once again highlights the central role that the FTC plays in protecting Americans from illegal pyramid schemes. The FTC has a 45-year track record of winning favorable settlements and court judgements against pyramid schemes. In spite of this, many leading members of the direct selling industry continue to push a discredited bill that would dramatically undermine the Commission’s ability to protect consumers against companies like AdvoCare. 

Under the Orwellian name of the “Anti-Pyramid Promotional Scheme Act,” the bill would create a series of carve outs and safe harbors that would prevent the FTC from protecting consumers and entrepreneurs from all but the most blatant pyramid schemes.

Today’s actions by the FTC demonstrate the need for  continued  consumer protection under its existing authority. NCL opposes pyramid scheme legalization bills like the Anti-Pyramid Promotional Scheme Act, which is even now being peddled by industry lobbyists. We hope this bill will once again be stopped from gaining momentum by members of Congress.

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About the National Consumers League

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 www.nclnet.org.

The National Consumers League applauds House passage of FAIR Act

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September 30, 2019

Bill would ban forced arbitration clauses in consumer and worker contracts

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League is applauding the groundbreaking legislation passed in the U.S. House of Representatives to restore legal rights to millions of American workers and consumers.

By a vote of 225-186 September 27, the House adopted the *Forced Arbitration Injustice Repeal (FAIR) Act, banning companies from forcing workers and consumers to resolve legal disputes in private arbitration—a forum essentially controlled by the company with no judge, no jury, and no oversight.

These clauses have become ubiquitous in employment and consumer contracts, “take or leave it” contracts of adhesion that make it impossible for workers to sue their bosses in court for sexual harassment, racial discrimination, wage theft, and nearly anything else or consumers to sue when a product proves dangerous, falsely advertised or marketed or violation of privacy or other rights. Arbitration is a rigged system where workers and consumers are *less likely to win their cases in private arbitration, and when they do win, they tend to get *much less money than they would in court.

Outlawing forced arbitration would restore access to the courts to more than 60 million U.S. workers who have signed away their right to sue.

“Arbitration is one of the central ways in which corporate America has rigged the system against middle class families, working people,” Rep. Rosa DeLauro (D-CT) said Friday on the House floor.

The bill will likely face some resistance from Republicans in the Senate, but passing it in the House is a victory for workers and consumers. “It’s about time our House of Representatives stood up for democracy and the little guy,” said Sally Greenberg, NCL executive director. “We thank Majority Leader Nancy Pelosi and members of the House Judiciary Committee for their leadership to move this bill and restore consumer and worker rights and hold corporate wrongdoers accountable.”

As Greenberg noted, “Forced arbitration clauses are toxic for companies and employees; they embolden companies to break the law with impunity, knowing they will never be held accountable because they cannot be sued in most democratic institution in the American democracy -our courts. Passage of the FAIR Act is an essential step to this end run around protecting the rights o average Americans.”

Forced Arbitration Injustice Repeal Act, briefly explained (Source: Vox)

The FAIR Act, introduced by Rep. Hank Johnson (D-GA) and Sen. Richard Blumenthal (D-CT), would ban businesses from forcing workers and consumers to give up rights through mandatory arbitration clauses. It would also invalidate current agreements that have already been signed, but only for disputes that come up after the law goes into effect.

The same bill was before the House last year, but did not get support from Republicans, who controlled the chamber at that time.  This time around, the challenge will be to get it through the Senate. But Republican senators, including Lindsey Graham (R-SC), have recently shown an interest in curbing forced arbitration.

NCL applauds the House of Representatives for this historic vote and for its support for consumer and worker rights. We urge the Senate to move with dispatch, pass the bill and send it to the President’s desk for signature and enactment.

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

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About the National Consumers League

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 www.nclnet.org.

The National Consumers League statement on Senate confirmation of Eugene Scalia as Secretary of Labor

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September 30, 2019

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL) issued this statement in response to the Senate’s 53-44 vote last week to confirm Eugene Scalia as Secretary of Labor.

The National Consumers League (NCL) is disappointed by the Senate’s confirmation this week of Eugene Scalia as Secretary of Labor. The Labor Secretary should be a champion of the working women and men. The National Consumers League is proud that this nation’s first female cabinet member and Secretary of Labor – Frances Perkins – began her professional career representing NCL in New York and was a witness to the Triangle Shirtwaist Factory Fire in New York City in 2011, which led to her focus on fire codes and safety reforms in the workplace. As Perkins once said: “I came to Washington to work for God, FDR, and the millions of forgotten, plain common workingmen.”

Instead of being a champion for workers, Scalia has devoted his legal career to defending corporate interests:

  • He criticized a Clinton-era rule to protect workers from repetitive stress injuries that was repealed early in the Bush administration
  • He defended Boeing from a labor union lawsuit
  • He fought on behalf of Wal-Mart against a Maryland law aimed at improving workers’ health care.
  • He represented Wal-Mart Secretaries of Labor – to understand the plight of workers, advocate for better pay, working conditions, benefits and safety.
  • He represented the Chamber of Commerce opposing rules requiring mutual fund companies to put independent overseers on their boards of directors, and insurance companies challenging the SEC’s authority to regulate certain annuities with values tied to stocks

As AFL-CIO President Richard Trumka has noted: “It is insulting and dangerous that lifelong union-buster Eugene Scalia is the country’s top labor official. His track record is well documented, and it’s clear he has yet to find a worker protection he supports or a corporate loophole he opposes. Making the Labor Department—whose mission is to defend the rights of workers and enforce the law—a satellite office of a corporate right-wing law firm flies in the face of working people’s clearly expressed desires.” 

As Mary Kay Henry, president of the Service Employees International Union, noted about Scalia:  “The last thing working people need is another Secretary of Labor who sides with corporate CEOs instead of hard-working Americans and makes it harder to join together in unions.”

NCL, which works with DOL on a range of issues, urges the new DOL Secretary to reconsider his inclination to support corporations over the interests of working families and balance these interests with a focus on the impact on workers.

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About the National Consumers League

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 www.nclnet.org.

DOT inaction leaves kids at risk, NCL tells Congress

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September 26, 2019

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL), America’s pioneering consumer and worker advocacy organization, today called on the House Aviation Subcommittee to compel the Department of Transportation (DOT) to follow through on its Congressionally-mandated passenger protection rulemakings.

The Federal Bureau of Investigation recently warned that in-flight sexual assaults have increased by 66 percent and that children as young as 8 have been victims of such crimes in the air. New data *uncovered by Consumer Reports found that children as young as two years old and kids who have autism or who suffer from seizures have been separated from their parents on airplanes. Airlines have pressured parents to pay expensive seat reservation fees or buy priority board passes so that they can be sure to sit with their small children. Incredibly, the DOT earlier this year decided that creating a consumer education website would be sufficient to fulfill Congress’ intent that it act to ensure that families can sit with their young children.

“How many children will have to be assaulted on aircraft before the DOT acts?” asked John Breyault, NCL’s vice president of public policy, telecommunications and fraud at a House Aviation Subcommittee hearing today. “The DOT’s inaction on this issue has put children at greater risk. Congress should demand answers from the DOT on the process it used to determine that it should do nothing substantive on this important children’s safety issue and mandate that the agency follow through on Congress’ clear intent.”

Read Breyault’s full testimony here.

The consumer group also highlighted the Federal Aviation Administration’s (FAA) inaction on setting minimum seat size standards despite a looming deadline to do so. The FAA has actively. The FAA is required to issue regulations no later than October 2019, yet consumer groups have seen no indication that the agency is prepared to initiate such a rulemaking. Instead, the FAA has actively resisted judicial efforts by consumer advocates pressing it to take action on the important safety issue.

“Congress must not allow the FAA to simply adopt whatever inhumane seat size standard the airline industry favors,” said Breyault.

Breyault also testified about the impact of a lack of action by the DOT on Congressional mandates related to fee refunds, denied boarding (“bumping”), and the availability of fare, fee, and schedule data.

“The DOT’s actions and inactions on important rulemakings paint a picture of an agency that places consumer protection and consumer safety at the bottom of its list of priorities,” said Breyault. “It is imperative that Congress act to ensure that its mandates are not unduly delayed, or worse, ignored completely.”

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

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About the National Consumers League

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 www.nclnet.org.

NCL opposes harmful proposed rule that will expose more to hunger

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September 23, 2019

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—Today, the National Consumers League (NCL) submitted written comments opposing the USDA’s Proposed Rule: Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP), arguing that the proposed policy change would impact millions who qualify for the federal program that is the nation’s first line of defense against hunger.

“Our organization is deeply concerned that the proposed changes would deprive an estimated *3.1 million people of access to this vital program and cause 500,000 children to lose their automatic eligibility for free or subsidized school lunch. This proposed rule may potentially worsen hunger among low-income households, harm local economies, and increase SNAP administrative costs,” wrote NCL in the comments.

Low-income households receiving cash assistance from Aid to Families with Dependent Children (AFDC), Supplemental Security Income (SSI), or General Assistance have long been considered *automatically (or “categorically) eligible for SNAP, which means they do not separately have to pass SNAP’s asset or gross income tests.

Agriculture Secretary Sonny Perdue said the proposed rule change is intended to close a “loophole” that states have misused to “effectively bypass important eligibility guidelines.” However, that’s simply not the case. Broad-Based Categorical Eligibility (BBCE) allows states to cover the gap between income and need by considering cost of living, wages, and other local economic conditions when determining people’s eligibility for SNAP.

The National Consumers League strongly opposes the proposed rule that would expose even more people to the arbitrary food cutoff policy.

NCL’s written comments are available here (PDF).

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

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About the National Consumers League

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 www.nclnet.org.

Consumer groups applaud congressional action to improve live event ticketing marketplace

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September 20, 2019

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—Today, the National Consumers League (NCL), along with seven other leading consumer and public interest groups, sent a letter to Congressmen Bill Pascrell (D-NJ) and Chairman Frank Pallone (D-NJ) and Senator Richard Blumenthal (D-CT) to applaud the lawmakers’ leadership in fixing the opaque live event industry by reintroducing the Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2019 (BOSS ACT). 

The following statement is attributable to Brian Young, public policy manager at the National Consumers League: 

“Unchecked consolidation in the live event industry has led to an opaque ticket marketplace that is rigged against consumers. In addition to undisclosed holdbacks designed to create a false sense of ticket scarcity, consumers are forced to grapple with a litany of fake websites which pose as legitimate box offices, and ridiculous fees that increase the cost of a ticket by an average of 27-31 percent. These outrageous fees typically prevent comparison shopping as they are often not disclosed until near the end of the purchase process. Likewise, despite the passage of legislation in 2016 which banned the use of ticket–buying BOTS, consumers have witnessed an increase of illegal ticket-buying bot usage of nearly 17 percent.  Fortunately, Congressman Bill Pascrell, Congressman Frank Pallone, and Senator Richard Blumenthal are working to bring transparency and competition back into the live event ticket marketplace. Today’s letter from 8 leading consumer advocacy groups applauds their efforts.” 

To add transparency to the live event ticketing marketplace and empower consumers to make informed purchasing decisions, the BOSS ACT would: 

  • Prevent primary and secondary ticket marketplaces from slamming consumers with hidden fees during checkout process; 
  • Prohibit scalpers from impersonating venues’ and teams’ websites to charge higher prices for less-desirable seats; 
  • Require primary ticket sellers to be honest about the number of tickets they plan on selling; and
  • Require the Federal Trade Commission (FTC) to identify ways to improve enforcement against illegal ticket-buying bots. 

To read the full letter, and learn more about the BOSS ACT, click here. 

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About the National Consumers League

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 www.nclnet.org.

NCL calls upon state legislators to protect their residents from dishonest automatically renewing contracts

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August 12, 2019

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL), the nation’s pioneering consumers and worker advocacy organization, calls upon state legislatures across the country to take action to protect consumers from deceptive automatic renewal clauses.

While automatic renewal provisions in consumer contracts, also known as negative option clauses, are billed as helping consumers avoid service disruptions, they can result in financial hardship for consumers. Dishonest companies continue to place these clauses into the fine print of contracts to mask rate hikes, renew gym memberships, generate recurring deliveries, or cause other services to renew without a consumers’ knowledge or consent.

The following statement is attributable to Brian Young, NCL’s public policy manager:

At least 22 states have some protections from automatically renewing contracts; however media reports have shown that companies are now using the guise of a ‘free trial’ to secretly roll consumers into binding contracts, sometimes after as little as a few days. Such clauses can trap consumers in expensive and unwanted contract renewals.

NCL is calling upon each state legislature to review their laws and enact comprehensive legislation. Recently enacted legislation in the District of Columbia is a model bill which requires:

  • clear disclosure of all automatic renewal clauses;
  • a consumer’s affirmative consent for free trials to be rolled over into a contract at the end of a free trial period; and
  • notification by mail, email, or another method of the consumer’s choosing, to be sent to consumers if their long-term contract is set to renew to a “month to month” or longer subscription.

*Thirty-five percent of consumers have complained that they have signed up for an automatically renewing contract without realizing it. Likewise, *48 percent of consumers have had a free trial roll over into a contract without their knowledge. The time is long overdue for state legislators to step in and take action to ensure consumers are not tricked into costly and deceptive business practices.

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

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About the National Consumers League

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 www.nclnet.org.