Negative-Option Billing

Put a Positive Spin on Negative-Option Billing With This Handy Guide for Merchants

How many things have you bought because you were offered a ‘free trial’? Maybe it was a sample box of cosmetics you received in the mail, a popular streaming service you wanted to check out, or a gym you have been interested in joining. Whatever the case, we have all enjoyed a subscription service at one time or another.

Negative-option billing models are one subset of the broader subscription model. It’s an excellent way to bridge the marketing gap between your brand and consumers. There are a few drawbacks to be aware of as well, though.

In this article, we’ll explain what negative-option billing is, who benefits from it, the rules you should follow, and how to make it work for your business.

What is Negative-Option Billing?

Negative Option Billing

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Negative-option billing is the practice of giving customers a service that was not previously provided, then charging them for the service unless they specifically decline it.

Negative-option billing has a lot of different applications. That said, it’s most commonly used in the case of free trial offers and other similar promotions. You offer a prospective buyer a free trial but collect the user’s payment information before the trial begins. Then, unless the buyer reaches out to cancel, you roll the trial over into an ongoing paid service.

This practice offers benefits for you, as well as your consumers. As a retailer, you enjoy a reliable source of revenue coming in regularly. In exchange, customers get access to goods or services they want without the need to remember monthly payments or renewals.

Is Negative-Option Billing Legal?

Yes…at least in a general sense.

Laws vary by country, but negative option billing is considered legal in the US, as long as it is not “abusive.” Unfortunately, cases exist in which merchants cross that line. For example, the FTC ruled back in 2001 that a group of buying clubs did not adequately disclose the terms of their customer agreement. Thus, as the body ruled, this use of negative-option billing is unfair and abusive.

Enforcing that ruling is extremely difficult on an individual basis, though. The standards determining proper notice can be ambiguous.

So, it’s true that there is some legal gray area regarding negative-option billing regulations. But, when done correctly, this approach can be a real win-win for everyone involved.

Benefits of Negative Option Billing

When executed properly, negative-option billing methods can be highly beneficial for everyone. For instance, ‘free trial’ marketing can encourage many consumers to try a company or brand they otherwise might not have. It can also increase consumers' buying options and elevate their purchasing power by offering goods and services at discounted prices.

For you, negative-option plans draw more buyers into subscriptions. You get the chance to impress or delight consumers with your products without spending a fortune on marketing and outreach. It can also provide the opportunity to receive advance reviews of products before launch and help reach many buyers who might otherwise have been priced out of their market.

In almost every way, negative-option models benefit both parties involved. As long as both parties are willing to make an effort to communicate with each other and maintain their end of the negative-option billing contract, that is.

Your job is to keep the consumer informed of the terms and conditions related to the subscription they’ve selected and remind them before the bill is due. By that token, the consumer’s job is to inform you of any billing issues or problems rather than relay that information to banks or third parties.

Problems with Negative Option Billing

According to the rules, most subscription merchants take great pains to explain to and remind customers of their billing terms. Despite this, a few bad apples have left an indelible mark on the industry. As a result, public opinion of negative-option billing is mixed, at best. This perception encourages cardholders to turn to their bank to resolve problems rather than the merchant.

Chargebacks are a common side-effect of the negative-option billing model. Merchants who use this method tend to rely upon the fine print to turn profits, which consumers can interpret as a shady business practice. Furthermore, if cardholders didn't understand what they were signing up for or wanted to cancel but didn't know how, they may file chargebacks to recover their funds.

The public has a low opinion of the negative-option approach, in general. As a result, negative-option billing is considered a “high-risk” practice.

Nowadays, most subscriptions we sign up for online take less than two minutes to select and approve. While that's convenient for merchants and consumers, it can lead to consumers being overloaded with subscriptions or even forgetting that they agreed to the subscription in the first place. When this happens, the consumer may file a chargeback. This would constitute a case of friendly fraud.

Here’s a case in point to illustrate the problem:

Some readers might be old enough to remember Columbia House mailers. The company would advertise that customers could get twelve CDs for as little as a penny. After getting their initial selections, the customer would receive a box full of merchandise Columbia House recommended based on those preferences. The customer would have a limited timeframe to return the CDs before they were charged for the whole box. But, if the buyer contacted the bank and claimed that the company used shady practices, they could recover the money.

What Rules Must Negative Option Merchants Follow?

Visa and Mastercard dictate most negative-option billing requirements in the payments industry. While those rules tend to be similar, they aren’t the same. Thus, negative-option rules differ slightly between both companies.

Let’s break these down:

These rules ensure that the merchant doesn’t bury any crucial subscription or payment details in their terms of service. Consequently, they ensure that the buyer has provided those details in full. If both parties have provided and received the information required to enter into any subscription agreement, then the risk of buyers filing chargebacks falls drastically.

Negative Option Billing Best Practices

It’s possible to enjoy the benefits of negative-option billing without drawbacks and headaches. The best advice we can give you is to follow card network rules very carefully and limit errors wherever possible. Remember, chargebacks often result from misunderstandings over billing practices.

To protect your business from chargebacks and remain compliant with network rules, it’s wise to:

Need a Hand?

No doubt about it: negative-option billing is a lucrative payment solution for many eCommerce businesses. As with any venture, however, risk is sometimes a factor.

The good news? You can pursue a negative-option billing and still manage your chargeback and fraud risk.

With over a decade of experience in the chargebacks and payment industry, the experts at Chargebacks911® are uniquely placed to help in the fight against chargebacks. Call us today for a free demo.