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July 11, 2025
Small business celebrating federal ruling on automatic subscription renewals
Kenny Crenshaw, owner of Herbi-Systems Inc., an NFIB member business in Bartlett, played an important role in NFIB’s recent legal victory against the Federal Trade Commission’s overreaching “Click-to-Cancel” Negative Option Rule.
The U.S. Court of Appeals for the Eighth Circuit ruled in favor of small businesses on July 9, vacating the FTC’s rule and affirming that the agency had overstepped its authority. The decision is a major victory for small businesses that use automatic renewals for subscriptions or memberships.
Crenshaw was among the small business owners who submitted a declaration in the case of Custom Communications, Inc. v. Federal Trade Commission, explaining how the rule would hurt his lawn care company. His firsthand account helped the court understand the real-world consequences of the rule for small businesses like his.
“Without members like Kenny Crenshaw who step up and share their stories, wins like this wouldn’t be possible,” NFIB Vice President Beth Milito said. “His contribution helped us show the court just how burdensome this rule would be.”
Crenshaw said, “I continue to see firsthand how well NFIB’s Small Business Legal Center protects the interests of small business from clear federal overreach. It was important for me and others to speak up in this case. Many small businesses will benefit from the court’s ruling, and so will consumers.”
NFIB State Director Jim Brown said, “NFIB members in Tennessee continue to tell us their stories and challenges with government’s disregard of weighing the impact of proposals on small business, which often leads to legislative or legal action that not only benefits them but also all businesses.”
Read NFIB’s press release about the lawsuit here.
NFIB’s Small Business Legal Center continues to defend small business owners across the country and is currently involved in more than 40 active cases in state and federal courts.
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