opinion

Ensuring Subscription Billing Is a Win-Win for Businesses, Customers

Ensuring Subscription Billing Is a Win-Win for Businesses, Customers

Subscription billing is one of the fundamental cornerstones of our industry. Marketing practices and processing technologies have evolved, but the basic concept has remained unchanged. Subscription billing offers a multitude of benefits for business owners and their clients. This article will explore a less-frequently discussed aspect of subscription billing: card brand compliance.

Back in 2020, the first set of guidelines was put into effect, and there have been modifications and updates ever since. The key points are:

When customers enroll in a membership, they must give explicit consent and acknowledge that it’s an ongoing membership.
  • Express consent
  • Enhanced notification
  • Explicit transaction receipts
  • Statement descriptor
  • Easier cancellation
  • Expanded dispute rights

Of course, this applies to all recurring transaction business models: gyms, online video services, dating services, box-of-the-month clubs and even recurring charitable donations. Any business model where the cardholder does not have to explicitly opt in for subsequent transactions falls under the purview of these rules, regardless of how frequently the rebill takes place.

Let’s get into what these key points mean, and what needs to be done to maintain compliance.

Express Consent

When customers enroll in a membership, they must give explicit consent and acknowledge that it’s an ongoing membership. If it’s a trial that rolls into a membership, the customer must be made aware of the duration of the trial, how much a full subscription will cost and when it will be billed.

Enhanced Notification

At the time of enrollment, a copy of your terms and conditions for the subscription must be sent to the customer via email, SMS text or other delivery method, even if no amount is charged at the time of enrollment. This notification must include a confirmation that your customer has enrolled in a subscription unless they cancel, the start date of the subscription, details of what is being purchased, the amount of the subscription, frequency of billing and a link or contact information to cancel the subscription. A reminder notification must also be sent at least seven days prior to the renewal of the subscription if a trial period is about to expire or the billing amount or frequency of billing has changed.

Explicit Transaction Receipts

The length of the trial period — if applicable — along with the transaction amount, date of first billing, billing frequency and a link or contact information to cancel the subscription must all be disclosed to the cardholder.

Statement Descriptor

If your business offers a trial period, the word “trial” must be included for that initial transaction. “Trial,” “trial period” and “free trial” are all examples of compliant descriptors.

Easier Cancellation

Businesses must provide an easy way to cancel subscriptions online, regardless of whether the subscription was initiated online, in person, over the phone or by another method.

Expanded Dispute Rights

This one is my favorite because it actually helps merchants, so long as the aforementioned key points have been followed. Merchants can remedy disputes or fight chargebacks by proving that the appropriate actions have taken place. This can be done by showing that the cardholder explicitly enrolled in a subscription — express consent — and that the merchant electronically notified the cardholder before processing new transactions when the trial or promotional period ended.

Exceptions

The requirement for electronic notification seven days prior to a trial converting to a subscription only applies if the trial period is longer than seven days. In addition, advance notice does not apply to payments for utilities like gas, electric, water and sanitation; to telecommunication services like phone and internet; to existing debt such as car or mortgage payments; or to insurance policies. 

Do These Rules Apply to Both Major Card Brands?

No. All of the above is actually for one particular card brand, whose logo features a big blue “V.” The other one, which has red and orange overlapping circles as its logo, has an entirely different set of rules, because we certainly wouldn't want things to be simple.

What About Missing or Incorrect Email Addresses?

What if you have subscriptions that are years old and you never collected an email address, physical address or phone number? The best practice is to put a URL in your descriptor so that the cardholder has a way to contact your business and manage their subscription.

What about new memberships moving forward? Let’s face it: not everyone signing up uses an accurate email address. Whatever their reasons, the cardholder’s decision to provide inaccurate information is outside our control. There are methods to ensure that the cardholder provides a valid email address, such as sending a link to confirm their subscription or sending a system-generated password.

Using either of these methods will add a layer of credibility should the need to fight a chargeback arise. If you send an electronic notification via email and it’s returned as undeliverable, as long as the merchant can demonstrate that a good faith effort was made to contact the cardholder, that would be sufficient to fulfill the requirement.

One last thing. The “electronic notification” doesn’t specifically have to be an email or SMS text message. So long as it can be demonstrated that a good faith effort was made to notify the cardholder of subscription rebilling, that should satisfy the electronic notification requirement.

The Takeaway

For businesses offering subscription services, the appeal of this framework is that by following these guidelines, you can make sure the subscription continues to rebill until the cardholder cancels or the card expires — and even when it does, there’s a fix for that! Automatic Card Updater works with participating banks to update payment credentials before they expire, so those subscriptions can continue to be billed without interruption. It’s super simple to set up, and it’s seamless on the merchant’s side.

Jonathan Corona has two decades of experience in the electronic payments processing industry. As chief operating officer of MobiusPay, Corona is primarily responsible for day-to-day operations as well as reviewing and advising merchants on a multitude of compliance standards mandated by the card associations, including, but not limited to, maintaining a working knowledge of BRAM guidelines and chargeback compliance rules defined in both Visa and Mastercard operating regulations.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

Vendo CEO Mitch Platt Reflects on 20 Years of Lessons and Evolution

More than 20 years ago, three entrepreneurs in Barcelona began gathering over beers to pitch, dissect and routinely destroy one another's business ideas. The ritual was simple: One person arrived with a concept, while the other two tried to expose every weakness. Any proposal that survived earned another look. Most did not.

Jackie Backman ·
opinion

How to Avoid the Hidden Risks of AI-Generated Legal Documents

Artificial intelligence can write a contract in seconds, but that does not mean it can write the contract your business actually needs. Across the adult industry, operators, creators and producers are increasingly using generative AI to prepare model releases, performer agreements, privacy policies, takedown notices, employment documents and responses to regulators. The appeal is obvious: Legal work is expensive, AI is fast and the resulting document often looks impressively professional. That polished appearance is exactly what makes the practice dangerous.

Corey Silverstein ·
opinion

How Rolling Reserves Affect Cash Flow and Merchant Stability

You log in to your payment processor’s dashboard, discover they are withholding 10% of your sales, and immediately assume something has gone wrong. In reality, everything is working exactly as intended.

Jonathan Corona ·
opinion

What Federal Age Verification Could Mean for Adult Websites

Our industry has grappled with a patchwork of confusing and burdensome state age verification laws for the past couple of years. But that landscape could change quickly after the House passed the Kids Internet and Digital Safety (KIDS) Act (H.R. 7757) by a vote of 267-117, marking a significant federal step into this space.

Lawrence G. Walters ·
opinion

The Website Footer Requirements Every Adult Merchant Should Know

Since I started in this business 25 years ago, I've watched website footers evolve from a simple collection of links designed to help with SEO into important tools for meeting compliance and regulatory requirements, improving the customer experience and reducing chargebacks.

Cathy Beardsley ·
opinion

Why E-Payment Diversification Matters for Merchant Stability

Match payment methods to your customers. Look at where your customers are located, how they prefer to pay and which products they purchase. A business with significant European traffic may benefit from SEPA or Pay by Bank, while a subscription-based business may prioritize ACH or cryptocurrency. Add the payment methods your customers are most likely to use, as not every option is available.

Jonathan Corona ·
trends

AI at Work: The Tools and Practices Powering Creativity, Commerce and Compliance

For years, artificial intelligence felt like the plot of a science-fiction movie. Pop culture gave us Skynet from “The Terminator,” the replicants of “Blade Runner” and countless visions of machines replacing human creativity altogether. AI was cast as either humanity's next great breakthrough or the beginning of a dystopian future.

Jackie Backman ·
opinion

Key Questions Online Merchants Should Know About PCI Compliance

Choosing a payment provider involves more than comparing features and pricing. It's also about trusting that your customers' payment information is being handled securely. Every August, Segpay is recertified as a Level 1 PCI-compliant service provider, a milestone the company has achieved for the past 20 years. Having helped write Segpay's original PCI policy documents more than two decades ago, I've seen firsthand how PCI compliance has evolved.

Cathy Beardsley ·
profile

New Moon Network's Savannah Sly on Turning Lived Experience Into Advocacy

Savannah Sly is the first to admit she didn't always understand sex work. At 18, she was an art student in Boston, working part-time at a box office and, as she puts it, "broke as a joke." While looking for ways to make ends meet, she often found herself browsing Craigslist's adult ads, intrigued by the women advertising their services.

Jackie Backman ·
opinion

How to Safeguard Your Website Against CIPA Claims

There is a new wave of lawsuits targeting online businesses, including adult websites. These suits involve the California Invasion of Privacy Act (CIPA), and they are becoming increasingly prevalent. In fact, three different clients of my law firm were recently served or threatened with CIPA lawsuits — all in the same week.

Nick Zargarpour ·
Show More