Overview
- The Bundesgerichtshof, which decided on July 16, 2026, held that a click on the statutory cancellation button must immediately effectuate termination and must not be followed by ads, counteroffers, or design tricks that distract users.
- The case began with the Verbraucherzentrale Bundesverband suing FitX over a confirmation page that offered a contract pause and was decided under §312k BGB, but the court said the rule covers many ongoing consumer services such as gyms, mobile, streaming, and dating platforms.
- Under the ruling providers must present an unambiguously labeled button that triggers the cancellation, keep that button and the confirmation page continuously and immediately reachable, and limit the confirmation page to collecting only the data needed to process the notice.
- Consumers should document their attempts with screenshots, save the on‑screen confirmation and any emails, submit the cancellation if a clear ‘cancel’ button exists, and note that telephone reconfirmation is usually not required while SEPA chargebacks only reverse a debit and do not settle the underlying payment dispute.
- Companies now face UX and legal compliance work to change flows and avoid fines, some providers such as FitX have already adjusted pages, and courts and consumer groups will likely resolve follow‑on questions about remedies when firms do not comply.