Payment UpdateWeek of Nov 2

Know how you'd leave before you sign. What the FTC's Toast complaint says about POS exit terms

TL;DR

On October 29 the FTC and eight states sued Toast over fees, add-ons and how hard it is to cancel. Toast says it will fight the case. The complaint describes a $150 charge for every month left on a contract and one owner billed $5,318.87 after four years. Here's what the filing says, what an exit can cost, and the three answers I'd want in writing before signing any POS contract, ours included.

What happened

Heads up: on October 29, 2026 the Federal Trade Commission and eight states sued Toast in federal court in San Francisco. The complaint is about fees, add-ons and how hard it is to leave. Toast disagrees with the allegations and says it will fight the case, so everything below is what the government alleges, not what a court has found.

The filing says restaurants are enrolled in auto-renewing subscriptions that average about $900 a month, depending on terminals and add-ons. It says some owners were charged for extras like timekeeping and payroll they never agreed to. It says canceling takes 30 days' written notice that isn't spelled out at signup, and that owners who do cancel can owe $150 for every month left on the contract. One owner, the complaint says, was billed $5,318.87 after four years and refused a refund. Restaurants that close for a while still pay $85 a month. And if you have a Toast Capital loan, switching providers can make the whole balance due at once.

Toast says it has cooperated with the FTC since mid 2025, that its restaurant customers negotiate their contracts, and that the subscription law the FTC is using doesn't apply to business to business agreements.

What it means for you

Say you're moving to a bigger space in March and your POS contract runs to October. Seven months left, at the fee the complaint describes, is $1,050 before you've moved a single table. That number is an example built on the complaint's figure. Your contract has its own.

The point isn't Toast. Every POS contract has an exit, and almost nobody reads it on the way in. Switching a register is never just the hardware. The fee for leaving, what happens to the terminals you were given, and any loan tied to the account can add up to more than the new system costs. Those three numbers belong in the conversation on day one, not the day you need to leave.

If it were my counter

I'd want three answers in writing before I signed anything, from any provider, us included.

1. How do I cancel, and how much notice do you need. 2. What do I owe if I leave early, in dollars per month, not a clause number. 3. What happens to the hardware, and to any loan or advance tied to this account.

Any provider should be able to answer those in plain words. If someone changes the subject, that's your answer. And if you're already in a contract, pull it out this week and find those three lines. Knowing the exit cost now is what turns a bad surprise into a planning number.

Questions owners ask

Has a court decided Toast did anything wrong?

No. This is a complaint filed by the FTC and eight states on October 29, 2026. Toast denies the allegations and says it will defend itself in court. Nothing has been ruled on yet.

Does this affect me if I don't use Toast?

The case is about Toast, but the questions apply to any POS contract: notice period, early termination fee, hardware return and any financing attached to the account. Those terms exist in most agreements, and they're worth knowing before you need them.

What are Xtraspots' exit terms?

Ask us and we'll put them in writing before you sign, the same three answers above. Our Contract Exit Costs page walks through how to find the real number in any contract, ours included.

Sources

  1. ftc.gov · ftc states take action against toast inc over hidden unauthorized fees deceptive subscription
  2. ftc.gov · Toast Redacted Complaint Filed.pdf
  3. restaurantdive.com · ftc states sue toast over fees restaurant dining online food
Sander Chen

Chief Product Officer, Xtraspots

Xtraspots is a payments broker and POS partner for restaurants and small shops in New York City, Westchester and Long Island. We benchmark card processing across six processors, read statements line by line, and put hardware you own on the counter.