Tag Archives: Small Business

New Podcast Episode – Factoring – A Vital Source of Capital for Small Businesses

Posted on by
Reply

New Podcast Episode – Factoring – A Vital Source of Capital for Small Businesses

RSS Error: Retrieved unsupported status code "404"

Small Businesses face numerous challenges, among them is the ability to have access to sufficient working capital to meet the ongoing cash obligations of the business. While this need can be met by a traditional line of credit for businesses which meet all traditional bank lending criteria, many businesses do not meet those standards and require an alternative. One such option is accounts receivable factoring. With factoring, a B2B or B2G business can quickly convert their accounts receivable into cash. Many factoring companies focus exclusively on the credit quality of the customer base and ignore the financial condition of the business and the personal financial condition of the owners. This works well for businesses with traits such as: Losses Rapidly Growing Highly Leveraged Customer Concentrations Out-of-favor Industries Weak Personal Credit Character Issues Listen to this podcast to gain a greater understanding of the types of businesses which can benefit from this form of financing. To learn if you are a fit contact me today:

**podcast created with AI Assistance (https://notebooklm.google)

Contact me to learn if your client is a factoring fit:

203-664-1535

clehnes@chrislehnes.com

Factoring Study Guide

Quiz

Instructions: Answer the following questions in 2-3 sentences each.

  1. What is the core function of factoring, and how does it provide working capital for businesses?
  2. Describe the difference between recourse and non-recourse, and what impact does it have on risk for the client and the factor?
  3. How do notification and non-notification differ, and which method is more commonly associated with businesses in weaker financial condition?
  4. What are some common reasons a business might choose to use a factoring facility?
  5. What is Versant’s typical advance rate, and what happens with the remaining percentage of the invoice when it’s paid?
  6. What is Versant’s typical fee structure?
  7. What are the key differences in Versant’s approach compared to other factoring companies?
  8. What types of businesses are a good fit with Versant Funding?
  9. What are the steps Versant takes when underwriting a potential new client?
  10. What are two industries Versant does not typically factor?

Answer Key

  1. Factoring is the sale of a company’s accounts receivable to a third party (the factor) in order to obtain immediate working capital. This provides businesses with cash flow by turning their invoices into cash, rather than waiting for customer payments.
  2. In recourse , the client is responsible for repaying the advance if their customer does not pay. In non-recourse factoring, the factor assumes the credit risk of non-payment. Non-recourse generally allows businesses in weaker financial situations to be accommodated.
  3. Notification means the client’s customers are notified to pay the factor directly, often with instructions on the invoice. Non-notification allows payments to be made to the client through a lockbox controlled by the factor. Notification factoring is generally better suited for businesses in weaker financial condition.
  4. Businesses might use for project financing, business growth, acquisition financing, bridge financing, meeting working capital needs, taking advantage of supplier discounts, navigating a crisis, or as debtor-in-possession financing.
  5. Versant typically advances up to 75% of the face value of approved receivables. The remaining 25% of the invoice, minus fees, is paid to the client when the receivable is collected.
  6. Versant’s fee is typically 2.5% of the invoice amount for each month (or portion thereof) the receivable is outstanding.
  7. Versant focuses on larger and more complex deals, provides fast service (funding within a week), and assigns an Account Executive to each client. They focus more on the credit quality of the client’s customers, and less on the overall financial strength of the business itself.
  8. Versant is suitable for small to medium-sized businesses with $1-$50 million in annual revenue that need liquidity and may not qualify for traditional bank financing, particularly those with strong customers, even with a weak financial history.
  9. Versant reviews client’s accounts receivable aging, performs a public records search for UCC filings and liens, conducts a credit review of client’s customers, and verifies receivables by calling customers directly.
  10. Versant does not typically factor for the medical and construction industries.

Essay Questions

Instructions: Write a well-organized essay for each question. Your essays should demonstrate your understanding of factoring concepts and your ability to connect these concepts to the source materials.

  1. Discuss the role of factoring as a financing tool for small to medium-sized businesses, comparing and contrasting it with traditional bank financing. Consider factors such as eligibility criteria, speed of funding, and cost.
  2. Explain the benefits of a non-recourse, full-notification factoring facility for a business that is experiencing financial difficulties and how this model operates from initial referral to final payment of the factored invoices.
  3. Analyze the competitive landscape of the factoring industry, discussing the differences between smaller and larger factors and Versant’s unique positioning within that landscape.
  4. Chris Lehnes emphasizes the importance of educating financial intermediaries rather than business owners about factoring. Discuss the reasoning behind this marketing strategy and how it contributes to Versant’s success.
  5. Assess how Versant’s product and approach has proven beneficial for businesses facing various challenging scenarios (including the impacts of COVID-19) and the impact it has on improving their overall profitability.

Glossary

Account Debtor: The customer of the factoring client who owes money for goods or services rendered; also sometimes referred to as a “customer client.”

Advance Rate: The percentage of the face value of an invoice that a factor provides to the client upfront.

Bridge Financing: Short-term financing used to cover immediate cash needs while a company transitions to another source of funding or a more stable state.

Client: In factoring, the business that is selling its accounts receivable to a factor; also referred to as “seller of receivables.”

Debtor-in-Possession (DIP) Financing: A type of financing provided to a company undergoing Chapter 11 bankruptcy, enabling them to continue operations.

Discount/Fee: The amount a factor charges for providing financing, often expressed as a percentage of the invoice amount, generally applied monthly (or part thereof) that the invoice is outstanding.

Factor: The financial company that purchases accounts receivable from businesses; also referred to as “purchaser of receivables.”

Factoring Agreement: The legal agreement between a factor and a client outlining the terms and conditions of their relationship, including the fees, term of the agreement, and other obligations.

Factoring Facility: The overall agreement and set-up for the sale of invoices between the client and the factor.

Factoring Volume: The total value of accounts receivable factored, usually expressed in monthly, quarterly, or annual terms.

Full Notification Factoring: A type of factoring where the client’s customers are notified to pay the factor directly.

Non-Notification Factoring: A type of factoring where the client’s customers are not notified of the factoring relationship and continue to pay the client, who in turn, settles with the factor.

Non-Recourse Factoring: A type of factoring where the factor assumes the credit risk of non-payment by the client’s customer.

Performance Guarantee: A guarantee provided by the client to the factor, assuring that the invoiced goods/services were provided correctly and as ordered, not a guarantee of payment for the underlying invoices.

Purchase and Sale Agreement: A contract that documents the sale of a batch of invoices from a client to the factor.

Recourse Factoring: A type of where the client is liable to the factor if their customer fails to pay the invoice.

Rebate: The remaining percentage of an invoice amount (after the initial advance) that is paid to the client by the factor after the customer has paid the invoice (less the factor’s fee).

Receivables: Invoices representing money owed to a company for goods or services delivered but not yet paid for; also referred to as “accounts receivable.”

Accounts Receivable Factoring
$100,000 to $30 Million
Quick AR Advances
No Long-Term Commitment
Non-recourse
Funding in about a week

We are a great match for businesses with traits such as:
Less than 2 years old
Negative Net Worth
Losses
Customer Concentrations
Weak Credit
Character Issues

Chris Lehnes | Factoring Specialist | 203-664-1535 | chris@chrislehnes.com

Who is Kelly Loeffler? Trump’s Pick to lead SBA.

Posted on by
Reply

Who is Kelly Loeffler? Trump’s New Pick to Run the Small Business Administration

Kelly Loeffler, a businesswoman and former U.S. senator, has been nominated by President-elect Donald Trump to head the Small Business Administration (SBA). Known for her conservative political stance, Loeffler’s nomination has sparked interest and debate over her potential impact on small businesses nationwide.

Background and Business Career

Born on November 27, 1970, in Bloomington, Illinois, Loeffler grew up in a farming family before pursuing higher education. She earned a Bachelor of Science degree from the University of Illinois Urbana-Champaign and later obtained an MBA from DePaul University.

Loeffler built a successful career in the financial sector, culminating in her role as CEO of Bakkt, a subsidiary of Intercontinental Exchange (ICE). ICE, led by her husband Jeffrey Sprecher, is a major operator of global exchanges, including the New York Stock Exchange. At Bakkt, Loeffler oversaw the development of a cryptocurrency trading platform, gaining valuable experience in managing innovative business models. However, her tenure faced challenges, including reports of operational hurdles and unmet market expectations.

Political Career

Loeffler entered politics in December 2019 when Georgia Governor Brian Kemp appointed her to the U.S. Senate to fill the vacancy left by retiring Senator Johnny Isakson. She served from January 2020 to January 2021, aligning closely with President Trump during her time in office. Loeffler positioned herself as a staunch conservative, emphasizing her “100 percent Trump voting record” during her campaign.

In the 2020 special election, Loeffler faced a high-profile battle against Democrat Raphael Warnock, ultimately losing the seat. Following her Senate term, she founded Greater Georgia, an organization dedicated to registering conservative voters and advocating for voting law reforms.

Nomination to the Small Business Administration

Loeffler’s nomination to lead the SBA comes at a pivotal time for small businesses recovering from economic disruptions. The SBA plays a critical role in providing loans, grants, and support to entrepreneurs across the country. With her background in business and experience in navigating complex financial systems, Loeffler’s supporters argue she is well-equipped to streamline the agency’s operations and bolster its programs.

However, critics have raised questions about her qualifications, pointing to her performance at Bakkt and her limited track record in directly supporting small businesses. As she awaits Senate confirmation, Loeffler is expected to outline her vision for reducing regulatory burdens and fostering innovation among small enterprises.

Looking Ahead at Kelly Loeffler

If confirmed, Loeffler will likely prioritize policies aimed at empowering entrepreneurs and creating jobs. Her leadership style and decisions will be closely watched, especially as the SBA continues its mission to support the backbone of the American economy—small businesses.

Connect with Factoring Specialist, Chris Lehnes

Funding for Working Capital Shortfalls

Posted on by
Reply

Funding for Working Capital Shortfalls

Our accounts receivable factoring program can help businesses meet payroll or other essential obligations in as quick as a week.

Funding Working Capital Shortfalls

Factoring Program Overview

  • $100,000 to $30 Million
  • Competitive Advance Rates
  • Non-Recourse
  • No Audits
  • No Financial Covenants
  • Most businesses with strong customers eligible

We specialize in difficult deals:

  • Start-ups
  • Weak Balance Sheets
  • Historic Losses
  • Customer Concentrations
  • Poor Personal Credit
  • Character Issues
We focus on the quality of your client’s accounts receivable, ignoring their financial condition. This enables us to move quickly and fund qualified businesses including Manufacturers, Distributors and a wide variety of Service Businesses in as few as 3-5 days. Contact me today to learn if your client is a fit.
  • Beyond the Bank Loan: Using Factoring to Bridge Your Working Capital Gap

Your business is growing. Sales are up, your team is busy, and you just landed another major contract. On paper, you are highly profitable.

Yet, when you look at your bank balance today, the numbers tell a different story. You need to make payroll on Friday, purchase inventory for that new contract by Monday, and cover rent next week.

The money is “there”—it’s just sitting in your customers’ bank accounts instead of yours.

This is the classic working capital shortfall. It’s the painful gap between delivering your service and actually getting paid for it. In the B2B world, where Net-30, Net-60, or even Net-90 terms are standard, this gap can stifle growth and cause immense stress.

You shouldn’t have to stall your business growth while waiting for clients to pay. Fortunately, there is a proven financial tool designed specifically to bridge this gap: Invoice Factoring.

The Problem: The “Asset Rich, Cash Poor” Trap

Many strong businesses fail not because they lack customers, but because they lack liquidity.

When you offer credit terms to your clients, you are essentially acting as their bank with zero percent interest. While your invoice sits on their desk for 45 days awaiting processing, you still have immediate operational costs.

If you try to go to a traditional bank to bridge this gap, you often face a lengthy application process, demands for years of profitability statements, and rigid collateral requirements. If you need cash this week, a traditional bank loan rarely helps.

The Solution: Invoice Factoring Explained

Invoice factoring (also known as accounts receivable financing) is not a loan. It’s the sale of an asset.

Your unpaid invoices are assets. Factoring allows you to sell those outstanding invoices to a third party (a “factor”) for immediate cash. Instead of waiting weeks or months for payment, you get the majority of the invoice’s value within 24 to 48 hours.

How It Works in 3 Simple Steps:

  1. You Invoice Your Client: You deliver your goods or services as usual and send the invoice to your commercial (B2B) or government customer.
  2. You Receive an Advance: You submit a copy of that invoice to the factoring company. They verify it and deposit a large percentage of the invoice face value (typically 80% to 90%) directly into your bank account, usually within a day.
  3. The Final Settlement: Your customer pays the invoice directly to the factoring company according to their usual terms (e.g., in 45 days). The factor then sends you the remaining balance (the “rebate”), minus a small factoring fee for their service.

Why Growing Businesses Choose Factoring

Factoring is particularly valuable for businesses in industries like staffing, transportation, construction, manufacturing, and professional services. Here is why it often works better than traditional financing for working capital shortfalls:

  • Speed is Everything: The application process is fast, and funding happens within days, not months. When you have a payroll shortfall, speed is non-negotiable.
  • It’s Based on Your Customers’ Credit, Not Yours: Banks look heavily at your credit history. Factors are more interested in the creditworthiness of the customers paying the invoices. This makes it ideal for newer businesses or those with less-than-perfect credit.
  • No Debt on the Balance Sheet: Because it’s an asset sale, it doesn’t typically show up as long-term debt.
  • Unlimited Scalability: The amount of funding grows as your sales grow. The more you invoice creditworthy clients, the more funding you can access. You won’t “max out” a credit line just as you hit a growth spurt.
  • Outsourced Collections: The factoring company often handles the collections process, freeing up your team to focus on generating new business rather than chasing old payments.

Stop Waiting, Start Growing

A working capital shortfall is a speedbump on your road to growth. Don’t let slow-paying customers dictate the pace of your business expansion.

If you have solid B2B customers but shaky cash flow due to payment terms, factoring could be the tool that unlocks the capital you’ve already earned.

Are you tired of the 60-day waiting game? [Link to Contact Page/Consultation Request] Contact us today for a free analysis of how invoice factoring can stabilize your working capital.

Contact Factoring Specialist, Chris Lehnes

Non-Dilutive Growth Financing

Posted on by
Reply
Non-Dilutive Growth Financing  

Versant’s accounts receivable factoring program can be the ideal source of financing for businesses which are growing, but not ready to raise equity.   Non-Dilutive Growth Financing  

Program Overview
$100,000 to $30 Million
Non-Recourse
No Audits
No Financial Covenants
No Long-Term Commitment
Most businesses with strong customers are eligible

We like challenging deals :
Start-ups
Turnarounds
Historic Losses
Customer Concentrations
Poor Personal Credit
Character Issues  

We focus on the quality of your client’s accounts receivable, ignoring their financial condition. This enables us to move quickly and fund qualified businesses including Manufacturers, Distributors and a wide variety of Service Businesses ( includes SaaS) in as few as 3-5 days.

Contact me to discover the power of factoring!    


Chris Lehnes
203-664-1535
clehnes@chrislehnes.com
Learn more about Factoring

Factoring Activity – Deal Alerts – Q4 2024

Posted on by
Reply

Advantages of Accounts Receivable Factoring in Q4 2024

Accounts receivable factoring has long been a strategic financing tool for businesses seeking to improve cash flow and support operational growth. As we approach Q4 2024, the relevance of factoring remains strong due to economic trends, supply chain dynamics, and evolving market demands. Here are the primary advantages of factoring in the current climate:

1. Immediate Access to Cash Flow

Accounts receivable factoring allows businesses to convert outstanding invoices into cash almost immediately, bypassing the usual 30-90 day payment terms. This liquidity is particularly valuable in Q4, as companies often face increased demand, seasonal expenses, or year-end financial obligations.

2. Flexible and Accessible Financing

Unlike traditional loans, factoring does not require a lengthy approval process or stringent credit checks. Instead, funding is based on the creditworthiness of the business’s customers. This makes factoring an attractive option for small and medium-sized enterprises (SMEs) or companies with limited credit history.

3. Support for Supply Chain Stability

With supply chain challenges persisting in many industries, businesses may need to pay suppliers upfront to secure inventory. Factoring bridges the gap, ensuring companies can meet supplier demands without disrupting operations.

4. No Additional Debt

Factoring is not a loan, so businesses do not accumulate debt or face repayment schedules. This is particularly advantageous for companies aiming to maintain a clean balance sheet and optimize their creditworthiness as they plan for the year ahead.

5. Enhanced Focus on Core Operations

By outsourcing invoice management to a factoring company, businesses save time and resources on collections. This allows them to concentrate on growth-oriented activities, such as expanding customer bases, improving products, or streamlining operations.

6. Tailored to Economic Conditions

In Q4 2024, global economic uncertainty continues to shape business environments. Factoring offers an adaptable solution for companies managing fluctuating revenues, ensuring they remain agile in responding to market changes.

7. Strengthened Customer Relationships

Factoring companies often handle collections professionally, reducing tension between businesses and their customers. This preserves positive relationships and supports long-term partnerships. Factoring Activity – Deal Alerts – Q4 2024.

Why Factoring is Crucial in Q4 2024

As businesses navigate the complexities of Q4 2024, including seasonal fluctuations, economic shifts, and competitive pressures, factoring offers a reliable, scalable solution. Whether used as a short-term financing strategy or integrated into long-term financial planning, accounts receivable factoring empowers businesses to seize opportunities and close the year on a strong financial note. Factoring Activity – Deal Alerts – Q4 2024.

Accounts Receivable Factoring
$100,000 to $30 Million
Quick AR Advances
No Long-Term Commitment
Non-recourse
Funding in about a week

We are a great match for businesses with traits such as:
Less than 2 years old
Negative Net Worth
Losses
Customer Concentrations
Weak Credit
Character Issues

Chris Lehnes | Factoring Specialist | 203-664-1535 | chris@chrislehnes.com

Financing IT Consulting

Posted on by
Reply

Financing IT Consulting

Our factoring offering can quickly meet the working capital needs of IT Consulting Companies which do not qualify for traditional lending sources but have good quality accounts receivable outstanding.

Program Overview

  • $100k to $30 Million
  • 75% Advance against AR
  • Non-Recourse
  • No Audits or Covenants
  • No Long-Term Commitments
  • Great for bank declines

Think of me for Consultants, Staffing Companies or SaaS clients which need cash to meet their immediate goals.

Contact me to learn more:

Chris Lehnes

203-664-1535

clehnes@chrislehnes.com

Financing Furniture Manufacturers in about a week

Posted on by
Reply

Accounts Receivable Factoring can quickly meet the working capital needs of furniture manufacturers. Financing Furniture Manufacturers in about a week.

Our underwriting focus is solely on the quality of a company’s accounts receivable, which enables us to rapidly fund businesses which do not qualify for traditional lending.

Financing Furniture Manufacturers
Program Overview
$100,000 to $30 Million
Non-recourse
Flexible Term
Ideal for B2B or B2G

We fund challenging deals:
Start-ups
Losses
Highly Leveraged
Customer Concentrations
Weak Personal Credit
Character Issues

In about a week, we can advance against accounts receivable to qualified businesses which include Distributors as well as Service Providers.

To learn more, contact Factoring Specialist, Chris Lehnes at 203-664-1535 or clehnes@chrislehnes.com

Proposal Issued: $5 Million/mo – Non-Recourse – Staffing Company

Posted on by
Reply

Proposal Issued: $5 Million/mo – Non-Recourse – Staffing Company

Client has violated a loan covenant under their ABL facility with a major bank and need an alternative in place ASAP. Our facility can fund in a week.

Contact Factoring Specialist, Chris Lehnes

View more proposals

Accounts Receivable Factoring
$100,000 to $30 Million
Quick AR Advances
No Long-Term Commitment
Non-recourse
Funding in about a week

We are a great match for businesses with traits such as:
Less than 2 years old
Negative Net Worth
Losses
Customer Concentrations
Weak Credit
Character Issues

Chris Lehnes | Factoring Specialist | 203-664-1535 | chris@chrislehnes.com

Oil-Service Providers Say Producers Are Becoming More Cautious About Spending

Posted on by
Reply

Oil-Service Providers Say Producers Are Becoming More Cautious About Spending

As oil prices experience increased volatility and global economic uncertainties weigh on the energy market, oil-service companies report that producers are growing more conservative in their capital spending. This shift marks a notable change from the recent period of higher oil prices, when many oil producers were more aggressive in ramping up drilling activity and investing in new projects. The tightening of budgets reflects broader concerns about market stability, geopolitical risks, and the potential for a downturn in global demand for crude oil.

Spending Slowdown Amid Price Volatility

Oil-service providers, which offer critical equipment, technology, and expertise to exploration and production (E&P) companies, are seeing a cooling in demand for their services as oil producers scale back capital expenditures. After a relatively strong period driven by robust crude prices and rising demand, there is now a noticeable shift toward caution.

In recent months, oil prices have fluctuated significantly due to a range of factors, including concerns about slowing economic growth in major markets such as China, shifts in global energy policy, and uncertainty around OPEC’s production decisions. As a result, oil producers are adopting a more risk-averse approach, reducing drilling activity and delaying or cancelling some exploration projects.

Impact on Oil-Service Companies

For oil-service companies, this more cautious spending environment means reduced demand for their services. Many companies in the sector had anticipated continued growth in 2024, fueled by the expectation of stable or rising oil prices. However, the recent market environment has led some of them to revise their forecasts. The shift in producer spending could slow the recovery for service providers, who had already endured a challenging period during the pandemic when low oil prices caused a sharp pullback in drilling activity.

While some service providers have reported ongoing demand for maintenance and production-optimization services, new drilling projects have been more limited. Companies are focusing on improving efficiency and extending the life of existing wells rather than committing to large-scale exploration and production investments.

Factors Driving Producer Caution

  1. Market Uncertainty: The volatility in oil prices is one of the main reasons for the more cautious approach from oil producers. The global oil market has faced a series of disruptions in recent years, ranging from the pandemic’s impact to the Russia-Ukraine conflict, which has created uncertainty in global energy markets.
  2. Cost Inflation: Rising costs for labor, equipment, and materials have also contributed to the hesitation among producers. Higher input costs make new projects less attractive, particularly if oil prices are not expected to rise significantly in the near future.
  3. Environmental, Social, and Governance (ESG) Pressure: Another factor influencing spending decisions is the growing pressure on oil companies to improve their environmental footprint. More companies are dedicating resources to low-carbon initiatives or considering how new regulations may affect future oil demand.
  4. Concerns About Demand: Long-term demand for oil is increasingly in question as the global energy transition toward renewable sources gathers pace. This has led some companies to reevaluate their long-term strategies, focusing less on expanding oil production and more on maximizing returns from existing assets.

Outlook for 2024 and Beyond

The cautious stance among producers could have significant implications for the oil-service sector. If oil prices remain unstable or decline further, there could be prolonged reductions in capital spending, putting additional pressure on oil-service providers. However, if demand stabilizes and prices strengthen, there could be a resurgence in activity later in the year.

Additionally, service companies that can adapt to the changing needs of producers by offering innovative, cost-effective solutions may be better positioned to navigate the current environment. This includes technologies aimed at improving well productivity, lowering emissions, or enhancing operational efficiency.

In summary, while the oil industry remains essential to the global energy landscape, the current climate of uncertainty is prompting producers to exercise greater caution in their spending, impacting oil-service providers and the overall supply chain. The path forward will likely depend on the interplay of market forces, geopolitical developments, and the pace of the global energy transition.

Connect with Factoring Specialist, Chris Lehnes

Funding the Energy Sector

Merger of Chevron and Hess: What does it mean?

Big Oil Companies Warm-Up to Biden Administration

Federal Trade Commission Regulates Subscription Charges

Posted on by
Reply

The Federal Trade Commission (FTC) plays a pivotal role in protecting consumers from deceptive and unfair practices in the marketplace, including those related to subscription services. As subscriptions become an increasingly common business model across various industries, the FTC has ramped up its efforts to ensure that companies adhere to legal standards regarding transparency, billing practices, and cancellation processes.

The Rise of Subscription Services

Subscription services have proliferated in the digital age, encompassing everything from streaming media platforms and meal delivery kits to software applications and fitness memberships. These services offer consumers the convenience of automated payments, regular access to goods or services, and sometimes discounts for long-term subscriptions. However, the very features that make subscription services attractive—automatic renewals and ease of access—can also lead to consumer complaints if businesses are not transparent about the terms and conditions.

Common Issues with Subscription Services

The FTC has identified several recurring issues with subscription services:

  1. Hidden Charges: Consumers are often unaware of recurring charges associated with a service. Companies may offer a free trial that automatically converts into a paid subscription without adequately informing customers.
  2. Lack of Consent: Businesses sometimes fail to obtain explicit consent from consumers before charging their accounts, leading to unauthorized billing complaints.
  3. Complicated Cancellation Processes: Many consumers report that canceling a subscription is unnecessarily difficult, requiring them to navigate complex steps or face long hold times when attempting to cancel via customer service.
  4. Automatic Renewals without Notice: Some companies do not provide adequate notice before automatically renewing subscriptions, leaving consumers surprised by charges they didn’t expect.

The FTC’s Role

Under its mandate to protect consumers, the FTC enforces several laws and regulations that apply to subscription services. Two primary regulatory frameworks are the Restore Online Shoppers’ Confidence Act (ROSCA) and the Telemarketing Sales Rule (TSR).

  1. Restore Online Shoppers’ Confidence Act (ROSCA): ROSCA prohibits online businesses from charging consumers for services unless they clearly and conspicuously disclose the material terms of the transaction and obtain the consumer’s express informed consent. This includes providing information about recurring charges upfront, as well as clear instructions on how to cancel the service.
  2. Telemarketing Sales Rule (TSR): The TSR requires that businesses using telemarketing to sell subscriptions must disclose all material terms, including the fact that the customer will be charged on a recurring basis, the frequency of those charges, and how to cancel. Additionally, telemarketers must obtain express consent before processing payments.

Recent FTC Actions

The FTC has pursued legal actions against several companies that have violated these regulations. One prominent case involved ABCmouse, an online early education platform. The FTC alleged that ABCmouse made it difficult for consumers to cancel their subscriptions and failed to adequately disclose that their subscriptions would automatically renew. In 2020, ABCmouse agreed to pay $10 million to settle the charges and made significant changes to its subscription processes.

In another case, MoviePass, a subscription service for movie tickets, faced FTC scrutiny for deceptive practices. The company was accused of making it difficult for subscribers to use the service as advertised and for implementing hidden limitations on its offerings without informing customers. The FTC required MoviePass to implement a clearer, more consumer-friendly subscription model.

The “Click to Cancel” Rule

The FTC has proposed updates to its rules to further crack down on subscription-related issues, including a “Click to Cancel” provision. This rule would require businesses to offer a simple, straightforward way for consumers to cancel their subscriptions online, matching the ease with which they can sign up for them. Companies would be prohibited from making consumers endure long retention efforts or navigate complex cancellation processes.

Best Practices for Businesses

In light of the FTC’s increased focus on subscription services, companies should adopt best practices to avoid running afoul of regulatory standards. Key practices include:

  • Clear Disclosure: Businesses should provide upfront, easy-to-understand information about recurring charges, renewal dates, and cancellation procedures.
  • Simplified Cancellation: Companies should offer simple, easily accessible cancellation methods, such as online cancellation through the same platform used to subscribe.
  • Renewal Reminders: Sending reminder notices before automatic renewals is a good way to ensure that consumers are aware of upcoming charges.
  • Consent and Documentation: Obtaining clear, explicit consent from consumers before charging them and keeping records of these consents are essential for compliance.

As subscription models continue to grow in popularity, the FTC’s oversight has become increasingly crucial in safeguarding consumer rights. By enforcing transparency in billing, ensuring that consumers have the ability to cancel easily, and preventing deceptive practices, the FTC plays a critical role in maintaining trust in the marketplace. Both businesses and consumers must stay informed about their rights and obligations in the evolving landscape of subscription services