Call for Change: End the Exploitation of Acquiescence as Consent

In a world where consumer rights are supposed to be protected, a dangerous legal premise continues to erode our basic liberties: the idea that silence or inaction can be interpreted as consent. This principle, often exploited by businesses in practices like negative option billing, predatory towing, and forced services, undermines the very foundation of fairness, autonomy, and justice. It’s time for legislators and the People to take action and put an end to this systemic injustice.

The Problem: Acquiescence as Consent

Acquiescence as consent is a legal doctrine that interprets a person’s silence or lack of objection as implied agreement. While it may have had a place in historical contract law, its modern application has become a tool for exploitation. Here’s how it harms consumers:

• Lack of Informed Consent: Consumers are charged for services they didn’t knowingly agree to, often because terms were buried in fine print or not disclosed at all.
• Forced Services: Businesses use negative option billing to automatically enroll consumers in services, forcing them to pay unless they take steps to cancel.
• Predatory Practices: Towing companies seize vehicles without clear notice, leaving owners with exorbitant fees and no opportunity to object.

These practices disproportionately affect vulnerable populations, including low-income individuals who lack the resources to fight back. They violate the principles of autonomy, fairness, and transparency that are the bedrock of consumer protection laws.

Why This Matters

The exploitation of acquiescence as consent isn’t just a legal issue—it’s a moral one. It erodes trust in the marketplace, perpetuates systemic inequities, and violates fundamental civil liberties. When businesses can profit from consumers’ silence or lack of awareness, the system is broken. This is not the kind of society we want to live in.

A Call to Action

It’s time for change. Legislators and the People must come together to address this issue and restore fairness to the marketplace. Here’s what needs to happen:

1. Ban Negative Option Billing

Negative option billing, where consumers are automatically enrolled in services unless they opt out, should be prohibited. Consumers should only be charged for services they actively choose to purchase.

2. Require Explicit Consent

Laws must be amended to require explicit, affirmative consent for all transactions. Silence or inaction should never be interpreted as agreement.

3. Mandate Clear and Conspicuous Disclosure

Businesses should be required to provide clear, conspicuous, and accessible disclosure of all terms, including cancellation procedures and automatic renewal policies. No more fine print or hidden fees.

4. Strengthen Enforcement

Regulatory agencies, such as the FTC and state attorneys general, must enhance enforcement mechanisms and impose significant penalties on businesses that exploit consumers. Proactive monitoring and consumer education campaigns are essential.

5. Empower Consumers

Expand access to legal aid and consumer advocacy resources to help individuals challenge unfair practices. Public awareness campaigns can educate consumers about their rights and how to protect themselves.

Join the Movement

This is not just a legal issue—it’s a fight for fairness, autonomy, and justice. Contact your legislators and demand action. Share this post to raise awareness. Together, we can create a marketplace that prioritizes the rights and dignity of all consumers.

Find your representatives here and make your voice heard.

Conclusion

The exploitation of acquiescence as consent is a perversion of justice that undermines our basic liberties. It’s time for legislators and the People to take a stand and demand change. By banning predatory practices, requiring explicit consent, and empowering consumers, we can create a fairer, more just society. Let’s act now—before more consumers fall victim to these injustices.