A business that makes an automatic renewal offer or continuous service offer must provide an acknowledgment of the order that includes the automatic renewal offer terms or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the automatic renewal or continuous service offer includes a free gift or trial, the notice must also disclose how to cancel to avoid the charge following such period.
Notice Following Free Trial or Promotional or Discounted Price Period
A business is required to send a notice to consumers if either of the following apply to the offer (if both apply, only the notice in (2) is required):
(1) The consumer accepted a free gift or trial (does not include a free promotional item or gift that differs from the subscribed product) or a promotional or discounted price lasting for more than 31 days (in such case the notice must be sent between 3 and 21 days before the expiration of the free trial or promotional or discounted price period). This notice is not required if the consumer did not enter into the contract electronically and the business has not collected or maintained the consumer's valid email address, phone number, or another means of notifying the consumer electronically.
The above notice must disclose:
o That the automatic renewal or continuous service will automatically renew unless the consumer cancels.
o The length and any additional terms of the renewal period.
o One or more methods by which a consumer can cancel the automatic renewal or continuous service.
o If the notice is sent electronically, the notice must include either a link that directs the consumer to the cancellation process, or another reasonably accessible electronic method that directs the consumer to the cancellation process if no link exists.
o Contact information for the business.
Notice of a Material Change to the Automatic Renewal Terms
A business must provide consumers who accepted an automatic renewal offer or continuous service offer with a clear and conspicuous notice of any material change in the terms of the automatic renewal or continuous service and provide information regarding how to cancel in a manner that is capable of being retained by the consumer.
A business that allows consumers to accept an automatic renewal or continuous service offer online shall allow consumers the ability to terminate the automatic renewal or continuous service exclusively online, at will, and without engaging any further steps that obstruct or delay the consumer's ability to terminate the automatic renewal or continuous service immediately.
o A prominently located direct link or button which may be located within either a customer account or profile, or within either device or user settings; OR
o By an immediately accessible termination email formatted and provided by the seller that a consumer can send to the business without additional information.