If you sell to customers in California, your loyalty or membership program is treated under California's privacy law (the CCPA) as a "financial incentive", meaning a benefit offered in exchange for personal information. California requires that customers give opt-in consent before joining, and that the consent is freely given.
Why a "No Thanks" option is needed
California's regulator, the California Privacy Protection Agency, has made clear that consent obtained through a "dark pattern" doesn't count. A dark pattern is any interface design that makes it harder to say no than to say yes.
The regulations give a specific example: an offer to join a financial incentive program where joining is pre-selected, or where the join option is bigger or brighter than the option not to join, is not a valid choice (11 CCR § 7004(a)(2)(E)). Offering only "Yes" and "Maybe later" is also non-compliant, because there's no way to decline.
That's why Okendo's membership upsell includes a "No Thanks" button with the same visual weight as the "Add Membership" button. It gives your California customers a clear, one-click way to say no.
Keep "No Thanks" switched on
You can show or hide the "No Thanks" button in the widget settings. If you sell to customers in California, we recommend keeping it on.
Go to Okendo Admin > Loyalty > On-Site Displays.
Open Membership Cart Upsell.
Expand the General section.
Make sure Show "No Thanks" is toggled on.
Click Save.
⚠️ If you change the widget's Styles, keep the "Add Membership" and "No Thanks" buttons the same size and color. A join button that is bigger or brighter than the decline option is exactly the kind of design the regulations call out.
For the full setup process, see Set up a Membership program in Okendo Loyalty.
💡 This article is general information, not legal advice. If you're unsure about your obligations, check with your legal counsel.