Virginia Automatic Renewal Cancellation Letter

Introduction

Key Things to Know

1. 1

   A Virginia automatic renewal cancellation letter ends a plan covered by Chapter 17.8 of Title 59.1, the Commonwealth's statute on automatic renewal offers and continuous service offers. Section 59.1-207.45 defines an automatic renewal as a paid subscription or purchasing agreement renewed at the end of a definite term for a subsequent term of more than one month, and continuous service as an agreement that continues until the consumer cancels. The letter records which of the two you are on, when you cancelled and how.

2. 2

   The consumer protected here is broader than a household. Section 59.1-207.45 counts any individual buying for personal, family or household purposes, and also a small business as that section defines it, which turns on independent ownership and on having 250 or fewer employees or annual gross receipts of $10 million or less averaged over the previous three years. A sole proprietor's software seat or a small office's service plan can therefore sit inside the statute.

3. 3

   Section 59.1-207.46(B) sets the cancellation route in eight numbered paragraphs. The mechanism shall be at least as easy to use as the sign-up mechanism, offered through each method by which a consumer may initiate the plan, and cancellation by telephone must be promptly effectuated through a number that is answered or records messages during normal business hours, not more costly than enrollment, with no charge for the call. Paragraph 3 adds that complying with the federal prenotification disclosures in 16 CFR Part 425 does not discharge a seller's duties under the Virginia chapter.

4. 4

   If you joined in person, paragraph 6 requires the seller to offer a simple cancellation mechanism through an interactive electronic medium, such as a website or mobile application, or by telephone call. Paragraph 8 does the same for a print publication started in person, by pamphlet or by mail. So a membership signed at a counter does not have to be ended at that counter.

5. 5

   Subsection E covers longer renewals. Where the plan will automatically renew after a period of more than 30 days and extend for more than 12 months, the seller shall notify you of your option to cancel no less than 30 and no more than 60 days before the cancellation deadline or the end of the current term. The notice must disclose that the plan renews unless cancelled, the cancel-by date, the cancellation method, and a copy of the offer provisions.

6. 6

   Free trials and changed terms have their own rules. Under subsection D, where a free trial lasts more than 30 days, the seller shall, within 30 days of the end of the trial, tell you of your option to cancel before the trial ends. Subsection A(3) requires the acknowledgment you receive to explain how to cancel the trial, and subsection C requires clear and conspicuous notice of any material change in accepted terms, with cancellation information, before the change takes effect.

7. 7

   Section 59.1-207.47 is the remedy most letters can quote directly. Where a seller sends goods, wares, merchandise or products under a continuous service agreement or an automatic renewal of a purchase without first obtaining your affirmative consent as Section 59.1-207.46 describes, they are deemed an unconditional gift, which you may use or dispose of with no obligation to the seller, including any obligation to ship them back.

Virginia Requirements for Automatic Renewal Cancellation Letter

• Which Kind of Plan It Is Under Section 59.1-207.45

  State whether the plan is an automatic renewal, meaning a paid subscription or purchasing agreement renewed at the end of a definite term for a subsequent term of more than one month, or continuous service that runs until you cancel. If you are buying for a business, note that the chapter's definition of consumer includes a small business, which turns on independent ownership and on 250 or fewer employees or annual gross receipts of $10 million or less averaged over three years.

• Confirmation the Seller Is Not Exempt Under Section 59.1-207.48

  Check the four exemptions before citing the chapter: franchised or State Corporation Commission authorized public service companies and utilities under Title 56, services regulated by the State Corporation Commission, the Federal Communications Commission or the Federal Energy Regulatory Commission, licensed banks, credit unions and other financial institutions, and insurers regulated under Title 38.2.

• Your Enrollment Method and Date, Against the At Least as Easy Standard

  Section 59.1-207.46(B)(1) requires the cancellation mechanism to be at least as easy to use as the one you used to initiate the plan, and paragraph 2 requires one through each method by which a consumer may initiate it. Record how and when you enrolled and how and when you are cancelling, so the two can be compared on the face of the letter.

• Any Forced Agent Contact or Telephone Problem, With Dates

  Paragraph 4 says no consumer shall be required to interact with a live or virtual agent or representative to cancel unless the seller only enrolls that way. Paragraph 5 requires telephone cancellation to be promptly effectuated through a number that is answered or records messages during normal business hours, and paragraph 7 bars any charge for the call. Note the date, time and outcome of each attempt.

• Whether the Subsection E Reminder Was Owed and Received

  For a plan that renews after more than 30 days and extends for more than 12 months, Section 59.1-207.46(E) requires notice of the option to cancel no less than 30 and no more than 60 days before the cancellation deadline or end of term, disclosing the renewal, the cancel-by date, the method and a copy of the offer provisions. Record the date any notice arrived.

• Free Trial Dates and the Subsection D Notice

  Where a free trial lasted more than 30 days, Section 59.1-207.46(D) requires notice of the option to cancel within 30 days of the trial's end. For any trial, subsection A(3) requires the acknowledgment to explain how to cancel it before you pay. Give the trial's start and end dates and say what you received.

• Shipments Received Without Affirmative Consent

  List the dates of goods received after you ended or never agreed to the plan. Section 59.1-207.47 deems goods sent under a continuous service agreement or automatic renewal of a purchase without the affirmative consent Section 59.1-207.46 describes an unconditional gift, with no obligation to the seller, including no obligation to ship them back.

• The Consumer Protection Act Reference, Stated Without Predicting an Outcome

  Section 59.1-207.49 makes any violation a prohibited practice under Section 59.1-200, enforceable under the Virginia Consumer Protection Act. Section 59.1-204(A) gives a person who suffers loss an action for actual damages or $500, whichever is greater, up to three times actual damages or $1,000 if the trier of fact finds the violation willful. Cite it factually. Attorney review is available as an option before relying on it.