Consumer Rights | Technology | Digital Platform Regulation

Introduction: Regulation Catches Up to the Subscription Economy

The digital subscription economy has long been criticized for leveraging ambiguous consent flows and difficult cancellation processes now faces another regulatory inflection point. This month, ExpressVPN, one of the most prominent players in the consumer privacy market, was named in a pair of class action lawsuits alleging it violated automatic renewal laws in California and Illinois.

As regulators and lawmakers increase scrutiny of so-called “dark patterns” in digital interfaces, the ExpressVPN case marks a critical test of how automatic renewal compliance laws intersect with broader efforts to regulate deceptive digital platform practices.

Allegations Against ExpressVPN: Subscription Traps and Dark UX

In the California case filed July 9, 2025, lead plaintiff Timothy Millar claims that ExpressVPN enrolled him in a recurring monthly plan without meaningful consent, despite an initial belief he had purchased a one-time service. The lawsuit alleges violations of California’s Automatic Renewal Law (ARL), citing a failure to provide “clear and conspicuous” notice of renewal terms and a non-compliant cancellation mechanism.

A second lawsuit in Illinois federal court, filed by Wittels McInturff Palikovic LLP, expands the legal assault. It accuses ExpressVPN of engineering systemic renewal schemes, seeking $50 million in damages and injunctive relief. The complaint emphasizes the use of manipulative UX patterns—a rising concern in regulatory circles—as a method to obscure users’ understanding of ongoing charges.

The Regulatory Landscape: ARL, FTC Enforcement, and Platform Accountability

The ExpressVPN litigation arrives amid a broader regulatory reckoning for digital platforms. At both the state and federal levels, lawmakers are tightening enforcement of consumer protection statutes that apply to subscription-based tech services.

• California’s ARL (Bus. & Prof. Code § 17600 et seq.) has become a blueprint for state-level regulation, requiring clear disclosure of renewal terms, affirmative consent before billing, and easy-to-use cancellation tools.
• The FTC has increased enforcement of the Restore Online Shoppers’ Confidence Act (ROSCA) and launched recent crackdowns on platforms deploying “dark patterns” to inhibit user autonomy.
• State attorneys general in New York, Massachusetts, and Washington have likewise initiated actions targeting deceptive recurring payment systems.

This movement represents a paradigm shift: regulators now treat digital user interfaces as part of the legal substance—not just design. ExpressVPN’s case will likely test how courts interpret “conspicuous” notice in an era where mobile-first interfaces and attention-manipulating layouts dominate the consumer experience.

Tech Industry Implications: A Warning for SaaS and Consumer Platforms

ExpressVPN joins a growing list of subscription-based platforms—alongside NordVPN, Adobe, The New York Times, and HelloFresh—facing class action lawsuits and regulatory fines for allegedly deceptive auto-renewal practices.

Legal experts warn that noncompliance risk is no longer theoretical. “The legal exposure now rivals the brand damage,” says digital consumer protection attorney Marisa Goldstein. “Any platform relying on recurring billing must ensure its UX design supports—not undermines—affirmative consumer consent.”

The increasing legal and reputational risks are prompting proactive changes in the SaaS and digital content sectors, including:

• Third-party audits of subscription flows
• Plain-language renewal disclosures
• “One-click” cancellation features compliant with new FTC guidelines

Conclusion: ExpressVPN as Regulatory Bellwether

While ExpressVPN denies the allegations and asserts its subscription practices are transparent and user-friendly, the outcome of these lawsuits could have far-reaching consequences for digital platform regulation. At stake is not just consumer redress, but a precedent on how consent, notice, and fairness are interpreted in the subscription economy.

As regulators, plaintiffs’ firms, and courts continue to push against exploitative auto-renewal schemes, the ExpressVPN case may become a defining moment in the evolving legal architecture for digital platform accountability.