A restaurant can choose a point-of-sale system for its monthly price, then face a much harder question when it wants to leave.
Toast subscription fees are drawing fresh attention after a federal lawsuit. For owners comparing plans or questioning an invoice, the details deserve a closer look.

Overview
A real restaurant platform facing a civil challenge
Toast sells restaurant technology, including POS software, hardware and services connected to card payments. This is a dispute about a real supplier, not a counterfeit website.
The FTC and state plaintiffs sued Toast and affiliated entities on October 29, 2026. The FTC case page lists the matter as pending.
The allegations concern fees, add-ons, support promises and cancellation practices. They are civil claims awaiting resolution, not a criminal conviction or an established refund program.
The monthly bill is only one part of the commitment
The practical issue is the difference between paying monthly and being free to leave monthly. Your invoice alone cannot settle that question.
Before comparing a Toast quote with another provider, separate these costs and obligations:
- Recurring software charges and optional product subscriptions.
- Card-processing rates, hardware costs and any financing arrangements.
- The initial contract term, renewal date and nonrenewal deadline.
- Any early-exit calculation and outstanding business-loan balance.
Combining everything into one monthly total can hide which expense changes with sales, which ends with cancellation and which survives it.
Toast disputes the case, while merchants still need answers
In its public response, Toast rejects the allegations and says it will defend itself.
Toast also disputes applying ROSCA, the federal online-subscription law, to negotiated business agreements. That is the company’s legal position, not a ruling resolving this case.
Owners shouldn’t treat the lawsuit as permission to abandon their contracts. Equally, a contract dispute deserves a specific explanation, not an unexplained charge.
How Toast Pricing and Cancellation Fit Together
Step 1: A starting price gets the comparison underway
Toast’s pricing page presents starting monthly prices alongside a custom-priced option. Its Pay-as-You-Go offering reduces upfront costs through a platform rate.
A lower upfront bill can be attractive when a restaurant is buying equipment, hiring staff and preparing to open at the same time.
But compare the complete quote against your expected sales, not just the biggest number on the pricing card.
Ask for the processing rate, per-transaction component, included equipment, implementation charges and optional modules in one written proposal.
Run that proposal against a quiet month and a busy month. A rate-based expense behaves differently from a fixed software charge.
Also ask what changes if opening is delayed or trading pauses. That question matters before you accept equipment, not only after the first unexpected invoice.
According to the FTC announcement, described Paygo arrangements required processing within 120 days, or returning hardware or paying its full retail value.
Plaintiffs also allege an $85 monthly charge during temporary closures and insufficiently disclosed exit costs. Those allegations should not be treated as universal current quotes.
The disclosure question is whether those conditions were explained before commitment. A monthly headline cannot answer that on its own.
Step 2: The order creates obligations beyond the billing cycle
The filed complaint describes annual or biennial subscriptions billed monthly. Those billing arrangements are not the same thing as a cancel-anytime monthly contract.
A restaurant budgeting for twelve monthly payments may still have committed to a longer initial term. Check the actual start and end dates.
Don’t substitute a salesperson’s shorthand for the signed order. Ask that any promised flexibility appears in the documents you are accepting.
Keep the version of the terms linked to that order, together with amendments. A current public webpage may differ from the agreement governing an older account.
This is particularly important when a promotional package or negotiated provision changes a general rule. Get the exception itself, not just reassurance that one exists.
Step 3: Extra products can make an invoice harder to interpret
The 71-page complaint alleges some merchants were charged for add-ons without authorization and encountered difficulty removing unwanted services.
That allegation doesn’t establish that every unfamiliar line is unauthorized. Identify the product and ask for the record showing how it was ordered.
A useful answer should connect the charge to a named service, location, activation date and approval, rather than merely repeat the invoice description.
If a manager added a feature, determine whether it was a trial, a bundle or a separately priced subscription. Those are different explanations.
Likewise, an unused product isn’t necessarily an unrequested one. Separate a request for a goodwill credit from a dispute over whether you agreed to pay.
Step 4: Removing one product may leave the main contract running
Toast’s current product-removal instructions allow cancellation requests for many subscriptions through Toast Web.
They distinguish that process from closing the entire account, including its base POS subscription. Full closure is not self-service through that page.
Be explicit about the scope of your request. Removing marketing software is not the same instruction as ending services for an entire restaurant location.
Ask which products remain active afterward. Otherwise, a successful change to one line can be mistaken for confirmation that every recurring charge has ended.
The support page also describes processing delays. Save the request and completion confirmation separately, then compare the effective date with subsequent invoices.
Step 5: Leaving can raise two different payoff questions
The published Merchant Agreement includes early-termination provisions. Separately, the complaint alleges certain Toast Capital terms can accelerate loan repayment when merchants switch without required consent.
An early-exit charge concerns the service agreement. Accelerating a loan means bringing an outstanding debt due sooner. They should not be presented as one interchangeable fee.
Before scheduling a replacement POS, ask for separate written calculations covering subscription termination, equipment financing and any Capital loan.
Compare those figures with the savings you expect from switching. A cheaper replacement rate does not automatically mean an affordable immediate transition.
If the amount or contractual basis is disputed, get advice before accepting a settlement, signing a release or making an irreversible operational change.
Toast’s Contract, Billing Entities and Cancellation Routes
Toast is the supplier, but WebBank issues Capital loans
The US Merchant Agreement identifies Toast, Inc. as the contracting company. The pricing FAQ describes Toast as a payment facilitator partnering with processors.
Toast’s Capital FAQ says Toast Capital is owned by Toast, while WebBank issues the loans and is not its affiliate.
Those roles matter when asking for a correction. A subscription cancellation confirmation should not be mistaken for a release of a separately documented loan.
Keep the credit agreement with your POS paperwork, but review its repayment and default clauses separately. Ask the loan servicer to address switching plans specifically.
The public FAQ cannot establish the terms of your individual loan. An answer about ordinary repayments may not answer what happens when processing moves elsewhere.
The renewal deadline is different from the next invoice date
Toast’s POS renewal guidance says contracts renew for successive one-year periods after the initial term.
It calls for at least 30 days’ written notice before the current term ends to avoid renewal.
The general agreement’s Section 14.2 specifies registered mail, prepaid, return receipt requested, to Toast, Inc., 333 Summer Street, Boston, MA 02210, Attention: General Counsel.
That is a legal-notice address, not permission to send equipment back there. Obtain any return instructions and authorization separately.
Toast also says notice alone doesn’t finish cancellation. Follow the applicable account process and request written acknowledgment of nonrenewal.
Leave time to resolve discrepancies before the deadline. A reminder set for the invoice date could arrive after the relevant contract notice window.
The general exit formula is not your final payoff quote
Section 8.4 describes remaining software subscription fees, or $150 multiplied by remaining months for Pay-as-You-Go, plus an applicable software-financing processing fee.
Do not assume that formula settles every account. Specific orders, agreed exceptions and other applicable terms need checking.
Section 6.2 also describes rights to reject certain price changes, including qualifying termination without the Section 8.4 early-termination fee, excluding software-financing processing fees.
If a price increase prompted your decision, ask which clause applies and what written notice is required before the change takes effect.
A payoff quote should show the covered location, remaining term, monthly amount, financing component and any adjustment. An unexplained total is not enough to reconcile.
Where your order says something different, ask Toast to explain the discrepancy in writing. Don’t simply multiply a public figure and assume you owe it.
Payroll and xtraCHEF need their own closure checks
Toast publishes a separate xtraCHEF cancellation route. If it isn’t available in Subscriptions, the page directs customers to support.
Its Payroll FEIN-removal instructions distinguish Payroll deactivation from the POS contract and describe forms, deadlines and continuing filing consequences.
For a business changing payroll providers, the handoff affects tax filings and employee records, not just another software line.
Have your payroll adviser confirm which provider will file which periods. Closing the POS should never become an assumption that payroll responsibilities transferred automatically.
List every attached service and ask for its closure status individually. A single support conversation may involve several products with different dependencies.
The Historical $0.99 Fee Is a Different Issue
The FTC announcement also discusses a $0.99 fee added to certain online orders above $10 between September 2021 and late July 2023.
Plaintiffs allege inadequate disclosure and consent. The complaint describes a rollout followed by a rollback, not a newly announced subscription charge.
Don’t use that historical allegation to identify a charge appearing on today’s restaurant invoice. Start with the current line item and the service period.
The same caution applies to support. Plaintiffs challenge round-the-clock support representations; the current pricing page continues to advertise 24/7 assistance.
A published availability promise and the handling of an individual technical problem are different questions. Record your actual experience, including missed commitments and operational effects.
If a support failure caused a loss, preserve transaction and outage records. An estimate reconstructed weeks later is less useful than contemporaneous records.
What to Do If You Were Charged or Want to Leave Toast
If you’re still evaluating Toast, resolve the contract questions before signing. If you’re already a customer, work from your own documents and disputed charges.
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Build a complete account file. Save your signed order, incorporated terms, amendments, recent invoices, bank entries and relevant sales or support messages.
Keep original files alongside readable copies. Include location identifiers and invoice numbers so a multi-location account doesn’t turn several separate issues into one confusing complaint.
Don’t share unredacted employee, banking or customer information publicly. Supply sensitive records only through appropriate, verified channels when they are needed.
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Identify exactly what you dispute. List each charge, amount, date and reason. Separate an unwanted future subscription from a past charge you believe lacked authorization.
For an allegedly unapproved product, request the order or activation evidence. Explain which part you contest instead of describing every Toast charge as fraudulent.
Ask for a case number and an itemized written response. This gives later escalation a clear starting point and reduces repeated explanations.
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Confirm the term and notice deadline. Ask Toast to identify the governing order, current term end and last date for timely nonrenewal.
Compare that answer with your paperwork. Where dates disagree, send the documents showing the discrepancy and ask for correction before the earlier deadline passes.
Record the date you send notice and preserve delivery evidence. Also retain any acknowledgment confirming what Toast understood you were requesting.
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Use the right cancellation path. For an eligible add-on, use the published Subscriptions process. For full closure, contact Customer Care and follow required written-notice provisions.
Name the products and locations, requested effective date and whether you seek removal, nonrenewal or immediate termination. Ask what additional steps remain.
If an online request cannot be completed, preserve the error or unavailable option. Escalate through support rather than assuming an unsuccessful attempt ended billing.
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Get an itemized exit calculation. Request subscription fees, financing obligations and loan balances separately, with the contract clause supporting each amount.
If a claimed waiver or promotion applies, attach it. Ask for the calculation to be revised rather than relying on a verbal promise about a future credit.
For a Capital loan, obtain a written answer about switching processors and any required consent before moving transactions.
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Protect operations and records during the handoff. Plan the replacement system, data exports, employee access and outstanding business tasks before account closure.
Verify that exported files actually open and contain the periods you need. Keep them in business-controlled storage with appropriate access restrictions.
Coordinate Payroll changes with your accountant or payroll adviser. Don’t let two providers make conflicting assumptions about responsibility for the same filings.
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Reconcile the final invoices. Match completion confirmations against later statements. Look for products, locations or dates that should no longer be billed.
Request a correction or credit for specific errors, attaching the confirmation and invoice. Keep tracking the issue until the agreed adjustment appears.
Don’t assume unused service automatically earns a retroactive refund. Explain why a particular charge was incorrect or identify the refund provision you rely on.
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Speak to your bank about genuinely disputed transactions. Ask promptly which process and deadlines apply to the business account and payment method.
Provide the authorization dispute or cancellation evidence accurately. Business ACH and card disputes are not interchangeable, and recovery isn’t guaranteed.
Blocking a debit does not itself cancel a service contract or erase debt. Avoid stopping every payment indiscriminately while a specific billing disagreement is unresolved.
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Escalate a documented pattern. The FTC accepts reports of bad business practices. Include dates, amounts, promises and unsuccessful attempts to resolve the problem.
You can also approach your state attorney general. Describe your experience firsthand and distinguish what you know from what the pending lawsuit alleges.
A regulatory report is not a substitute for protecting your own contractual deadlines. Don’t wait for the government’s case to resolve your immediate renewal question.
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Get professional advice for a substantial dispute. Have a qualified attorney review disputed termination charges, alleged breaches or a threatened loan default.
Bring the complete agreement and a concise timeline. Ask about applicable notice, dispute-resolution and time-limit provisions before choosing a legal route.
The right objective is a documented resolution and workable transition, not an unsupported assumption that the lawsuit has already canceled everyone’s obligations.
Frequently Asked Questions
Has a court ruled that Toast’s subscription fees are illegal?
The FTC lists the case as pending. A filed complaint states allegations; it does not establish liability or guarantee compensation for every merchant.
Does paying Toast monthly mean I can cancel every month?
No. Check the initial term in your order and the renewal provisions. The payment frequency is not the contract duration.
Can I close my entire Toast account in Subscriptions?
Current guidance distinguishes product-removal requests from full-account closure. Contact Customer Care for the latter and complete the applicable notice and cancellation requirements.
Is the $150-per-month exit formula universal?
Don’t treat it as a universal payoff quote. Ask for an account-specific calculation that identifies the applicable order, exceptions and separate financing obligations.
Will switching POS cancel my Toast Capital loan?
Do not assume that. Review your credit agreement and obtain written guidance about consent, payoff and default consequences before moving processing.
Does the lawsuit mean I will automatically get a refund?
No. Document your particular disputed charge and seek correction through the appropriate channel. The pending case is not an automatic refund authorization.
The Bottom Line
Don’t sign a Toast offer based on its monthly headline alone. Require a complete price, contract term and written exit calculation before committing.
Already paying Toast subscription fees? Identify disputed charges, preserve your notice deadline and obtain separate closure confirmations for the services you want to end.
The lawsuit raises serious commercial questions, not a blanket finding of criminal fraud. Act on your own records and contract, without abandoning unresolved obligations.
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