Georgia Automatic Renewal Cancellation Letter

Introduction

Key Things to Know

1. 1

   A Georgia automatic renewal cancellation letter ends a plan governed by Part 8 of Article 15, Chapter 1, Title 10, which the General Assembly titled the Georgia Online Automatic Renewal Transparency Act. Its stated purpose in Section 10-1-439.6 is to stop the practice of creating unnecessary barriers for customers who wish to cancel online, and it directs that the Part be liberally construed and read consistently with Federal Trade Commission interpretations under Section 5(a)(1) of the FTC Act.

2. 2

   The Part reaches a narrower set of plans than many readers expect. Section 10-1-439.7 defines automatic renewal as an online paid subscription or purchasing agreement renewed at the end of a definite term of more than 31 days for a subsequent definite term of more than 31 days, and continuous service uses the same more-than-31-day measure. A consumer is a natural person residing in Georgia buying primarily for personal, family or household purposes, so a plan bought for a company sits outside it.

3. 3

   The cancellation route comes from Section 10-1-439.8. A business that lets you accept the offer online shall allow you to cancel online, and the method may be a clear and conspicuous link to a website or other online cancellation service, or a prepared cancellation email. Account login may be required if you hold an account, but refusing or being unable to authenticate shall not preclude an offline cancellation by the subsection (c) alternate method.

4. 4

   Subsection (c) lists the alternate routes: a toll-free telephone number, an email address, a postal address if the seller bills you directly, or another cost-effective, timely and easy-to-use mechanism. Each must be described in an acknowledgment that includes the offer terms, the cancellation policy and how to cancel. Subsection (d) limits these duties to the renewal and continuous service terms; the rest of the contract stays under other Georgia law.

5. 5

   Section 10-1-439.9(a) lists four unlawful acts: failing to present the offer terms clearly and conspicuously and close to the consent request, charging your card or third-party payment account without first obtaining consent to the agreement containing those terms, failing to send the acknowledgment, and failing to send the charge notice. Under subsection (b) that notice comes prior to or within three days after the charge, and subsection (c) requires notice of any material change with cancellation information.

6. 6

   Section 10-1-439.10 is the provision a letter can quote about shipments. Goods, wares, merchandise or products sent under an automatic renewal of purchase or a continuous service agreement without the consent paragraph (2) of Section 10-1-439.9(a) requires are deemed an unconditional gift, which you may use or dispose of without obligation to the business, including bearing the cost of, or responsibility for, shipping them back.

7. 7

   Enforcement runs through the Attorney General. Section 10-1-439.13(a) authorizes injunctions and restitution for Georgia residents who incurred a loss of money or property as the direct result of a violation, and subsection (c) says there shall be no private right of action, nor may a violation serve as the basis for one under any other law. The Attorney General's Consumer Protection Division takes complaints. Section 10-1-439.11 also limits when the Part's requirements apply; attorney review is available if that limit matters to your plan.

Georgia Requirements for Automatic Renewal Cancellation Letter

• Online Acceptance and a Term Longer Than 31 Days

  Part 8 applies where you accepted the offer online and the plan runs a definite term of more than 31 days that renews for another term of more than 31 days, as Section 10-1-439.7 defines automatic renewal and continuous service. Record the date and the online channel you used and the length of each billing term.

• Georgia Residence and Household Purpose

  Section 10-1-439.7 defines a consumer as a natural person residing in Georgia who enters into the transaction primarily for personal, family or household purposes. State your Georgia address. A plan bought for a business is outside this definition.

• Confirmation the Business Is Not Exempt Under Section 10-1-439.12

  Check the five exemptions: local franchise holders, services regulated by the Georgia Public Service Commission, the Georgia Department of Agriculture, the FCC or FERC, entities regulated by the Office of Insurance and Safety Fire Commissioner, financial institutions and bank holding companies under Title 7, and licensed foreign bank branches.

• The Online Method Used: Link or Prepared Cancellation Email

  Section 10-1-439.8(a) requires online cancellation for online acceptance and names a clear and conspicuous link or a cancellation email formatted and provided by the business. Give the date you used the link or sent the prepared email, and keep the confirmation screen or the sent message.

• Any Authentication Barrier and the Subsection (c) Alternate Route

  If you could not or would not log in, subsection (b) says you shall not be precluded from cancelling offline. Name the alternate method used from subsection (c): toll-free telephone number, email address, postal address where the seller bills you directly, or another cost-effective, timely and easy-to-use mechanism.

• Charge Dates Against the Three-Day Notice in Section 10-1-439.9(b)

  List each charge with its date and amount, and note whether a notice arrived prior to or within three days after it stating the renewal, its length and terms, a cancellation link if electronic, and contact details. Note also whether you ever opted out of receiving these notices.

• Consent Before Charging and Unconsented Shipments

  Section 10-1-439.9(a)(2) makes charging without first obtaining consent to the agreement containing the offer terms unlawful, and Section 10-1-439.10 deems goods sent without that consent an unconditional gift, with no obligation to pay for them or to bear the cost of shipping them back. List the charges and delivery dates.

• Attorney General Enforcement, No Private Right of Action

  Section 10-1-439.13(a) authorizes the Attorney General to seek injunctions and restitution for Georgia residents who lost money or property as the direct result of a violation, and subsection (c) bars a private right of action. The letter can mention a complaint to the Consumer Protection Division. Attorney review is available as an option.