We’re proud to share some exciting news: we recently played a key role in a federal court case that resulted in a huge win for small businesses across the country. The U.S. Court of Appeals struck down the FTC’s “Click-to-Cancel” Negative Option Rule—an outcome that protects small businesses like ours from unnecessary and burdensome regulations.

As a member of the National Federation of Independent Business (NFIB), we were honored to be part of the legal effort that challenged this rule. Our owner, Kenny Crenshaw, submitted a sworn declaration explaining how the regulation would have harmed our operations and created costly compliance hurdles.

Why We Fought Back Against The FTC Rule That Would Have Hurt Small Businesses

White work truck in front of a property in Memphis, TN.

The FTC rule was designed to make canceling subscriptions easier for consumers, but it overlooked how these changes would impact businesses like ours that offer recurring services. For Herbi-Systems and many others in the lawn care industry, automatic renewals are a core part of how we serve our customers reliably and efficiently.

Kenny stepped forward to explain exactly how the rule would disrupt our ability to do business. His testimony helped demonstrate that small businesses weren’t being considered in the rule-making process, and that the consequences would be significant.

The Court Agreed: The FTC Overstepped

On July 9th, 2025, the U.S. Court of Appeals for the Eighth Circuit ruled in favor of small businesses, determining that the FTC had overstepped its authority by issuing the rule. This ruling not only removes the threat of burdensome compliance for companies like ours, but it also reinforces the importance of clear, limited regulatory authority.

“Without members like Kenny Crenshaw who step up and share their stories, wins like this wouldn’t be possible.”

Advocacy Matters, & So Do Small Businesses

Small businesses are often overlooked when federal regulations are being drafted, and this case highlights the importance of giving them a voice. NFIB State Director Jim Brown emphasized that when small business owners speak up, real change happens:

“NFIB members in Tennessee continue to tell us their stories and challenges with the government’s disregard of weighing the impact of proposals on small businesses, which often leads to legislative or legal action that not only benefits them but also all businesses.”

Our involvement is a reminder that even local businesses can play a powerful role in shaping national policy and protecting the tools they need to operate and grow.

We Are Proud to Support Small Businesses

This victory demonstrates just how critical it is for small business owners to stay engaged and informed. Whether it's protecting your business model or advocating for your industry, your voice matters—and it can make a lasting impact.

At Herbi-Systems, we’re proud to serve property owners in Memphis, Collierville, Germantown, and surrounding areas in Tennessee. Learn more about this court win by reading this article! And, if you want to take advantage of any of our lawn care, plant care, or irrigation services, give us a call at (901) 382-5296!