Idaho Automatic Renewal Cancellation Letter

Introduction

Key Things to Know

1. 1

   An Idaho automatic renewal cancellation letter ends an automatic subscription renewal, which Idaho Code Section 48-603G(1)(a) defines as an agreement entered into via the internet to provide goods or services to an Idaho consumer for a specified time and price that automatically renews at the end of a definite term unless the consumer cancels. The section sits in Chapter 6 of Title 48, the Idaho Consumer Protection Act, under the caption Cancellation of subscriptions.

2. 2

   The internet is the dividing line. A subscription signed at a counter, by mail or over the phone does not meet the definition in subsection (1)(a), because that definition requires an agreement entered into via the internet. Subsection (1)(c) also defines seller to exclude an entity providing only a host platform on a website, so the business that actually sells the subscription, rather than the site hosting it, is the one the section addresses.

3. 3

   Subsection (3) sets the cancellation methods. They must include a cost-effective, timely and easy-to-use online mechanism, and the statute says that mechanism may include a termination email formatted and provided by the seller. It adds that such a method should not include an additional fee for the consumer to cancel, and that if a phone number is provided for cancellation, the number must be toll-free and must be prominently displayed in the disclosure.

4. 4

   Before any renewal offer is made, subsection (2) requires the seller to clearly and conspicuously disclose the automatic subscription renewal terms and the methods the consumer may use to cancel. A letter can quote the disclosure you were shown, or say that none was shown, alongside the date and the website or app where you subscribed.

5. 5

   Longer plans carry a notice duty. An extended automatic subscription renewal is one that renews for a specified term of twelve months or more, and subsection (4) says a seller shall not make that kind of offer unless it notifies you at least thirty and no more than sixty days in advance of the delivery or provision of goods or services. The notice must describe the goods or services, state the price, say they will be provided unless you tell the seller they are not wanted, and offer at least one cancellation method at no cost.

6. 6

   Subsection (7) limits the section to agreements entered into or renewed on and after January 1, 2023. Because the subsection names agreements renewed on and after that date as well as those newly entered into, a subscription first bought earlier may still fall within the date rule if it renewed on or after January 1, 2023.

7. 7

   Enforcement belongs to the state. Subsection (5) makes a violation a violation of the Idaho Consumer Protection Act and says the section does not create a private right of action. Section 48-606 lets the Attorney General seek a declaratory judgment, an injunction, actual damages or restitution on behalf of consumers, specific performance, and civil penalties of up to $5,000 per violation, though subsection (6) bars civil penalties against a seller that makes a good faith effort to comply.

Idaho Requirements for Automatic Renewal Cancellation Letter

• An Agreement Entered Into via the Internet

  Section 48-603G(1)(a) covers an agreement entered into via the internet to provide goods or services to an Idaho consumer for a specified time and price that renews unless cancelled. Record the website or app, the sign-up date, and the renewal term.

• Sign-Up or Renewal on or After January 1, 2023

  Subsection (7) limits the section to agreements entered into or renewed on and after January 1, 2023. Give the original sign-up date and the most recent renewal date so the letter shows the plan is inside that window.

• Confirmation the Seller Is Not Exempt Under Subsection (8)

  Check the exemptions: franchised or Idaho public utilities commission authorized services, services regulated by that commission, the federal communications commission or the federal energy regulatory commission, and Section 41-6203 services offered by insurers or insurers regulated by the Idaho department of insurance.

• The Online Mechanism You Used or Could Not Find

  Subsection (3) requires a cost-effective, timely and easy-to-use online mechanism, which may include a termination email formatted and provided by the seller. State the date you used it, or describe what you found if no online route existed.

• Any Cancellation Fee or Toll Phone Line

  Subsection (3) says a cancellation method should not include an additional fee, and that a cancellation phone number, if provided, must be toll-free and prominently displayed in the disclosure. Record any fee charged and the number given, with where it appeared.

• The Disclosure Shown at Sign-Up

  Subsection (2) bars a renewal offer unless the seller clearly and conspicuously discloses the renewal terms and the cancellation methods. Keep the order confirmation or a screenshot of the checkout page and quote what it said about renewal and cancelling.

• The Thirty to Sixty Day Notice for Twelve-Month Renewals

  For an extended automatic subscription renewal of twelve months or more, subsection (4) requires notice at least thirty and no more than sixty days before delivery or provision, describing the goods or services, the price and at least one no-cost way to cancel. Record whether and when it arrived.

• Consumer Protection Act Status and Attorney General Enforcement

  Subsection (5) makes a violation a violation of the Idaho Consumer Protection Act and creates no private right of action. Section 48-606 lets the Attorney General seek injunctions, restitution or actual damages for consumers and civil penalties. Attorney review is available as an option.