Washington DC Automatic Renewal Cancellation Letter

Introduction

Key Things to Know

1. 1

   The District's Automatic Renewal Protections Act of 2018, codified in Chapter 2 of Title 28A, is what this letter invokes when you end a contract that will automatically renew at the end of a definite term. Section 28A-202 defines a consumer as any person who seeks or acquires, by purchase or lease, any goods or services, wording that is not limited to household purchases. The letter is your dated written record of when and how you cancelled.

2. 2

   At sign-up, Section 28A-203(a) says the seller shall disclose the automatic renewal provision and the cancellation procedure clearly and conspicuously in the contract. Section 28A-202 treats a disclosure as clear and conspicuous when it is in larger type, contrasting type, font or color, or set off by symbols or marks, and is visually proximate to any request for your consent. If a free gift or trial is part of the offer, it must also explain the price charged after the trial ends.

3. 3

   Section 28A-203(b) covers contracts with an initial term of 12 months or more that will automatically renew for a term of one month or more unless you cancel. The seller shall notify you of the first automatic renewal and annually thereafter, no fewer than 30 and no more than 60 days before the cancellation deadline for the first renewal and before each later year. A yearly membership that rolls over three times should therefore produce three separate notices.

4. 4

   The notice must arrive by first-class mail, by email, or by another easily accessible form, such as a text message or mobile phone application, if you specifically authorized that form. It must disclose clearly and conspicuously that the contract will renew unless you cancel, the cost for the renewal term, the deadline to cancel, and the methods to obtain details of the provision and cancellation procedures, such as a telephone number or e-mail address. An emailed notice must include active weblinks to allow you to cancel.

5. 5

   Free trials have their own clock. Under Section 28A-203(c), a seller of a free trial with a term of one month or more that automatically renews at the end of the trial shall notify you of the renewal at least 15 and no more than 30 days before the trial expires. Notwithstanding your consent to the trial itself, the seller must obtain your affirmative consent to the automatic renewal before charging you for it.

6. 6

   Section 28A-203(d) says a violation of the chapter shall render the automatic renewal provision void and terminate the contract at the end of the term in which the violation occurred, and shall also constitute a violation of Chapter 39 of Title 28. A seller avoids that only by showing written compliance procedures, a good-faith mistake, and that it gave the consumer a credit or repayment of the amounts tied to the mistaken renewal. Section 28A-221 applies the chapter to renewals on or after March 13, 2019.

7. 7

   Section 28A-204 lists four exemptions: insurers regulated by the Department of Insurance, Securities, and Banking; banks, trust companies, savings and loan associations, savings banks and credit unions, and their subsidiaries or affiliates; a person providing a service regulated by the Public Service Commission, the Federal Communications Commission or the Federal Energy Regulatory Commission; and a service contract as defined in Section 31-2351.01(10).

Washington DC Requirements for Automatic Renewal Cancellation Letter

• The Contract's Initial Term and Renewal Term

  Record the initial term and each renewal term. Section 28A-203(b) reaches contracts with an initial term of 12 months or more that renew for one month or more; subsection (a) reaches any contract that will automatically renew at the end of a definite term. Note renewal dates on or after March 13, 2019, the date Section 28A-221 uses.

• Confirmation the Seller Is Not Exempt Under Section 28A-204

  Check the four exemptions: insurers regulated by the Department of Insurance, Securities, and Banking; banks, trust companies, savings institutions and credit unions and their affiliates; services regulated by the Public Service Commission, the Federal Communications Commission or the Federal Energy Regulatory Commission; and service contracts under Section 31-2351.01(10).

• The Cancellation Procedure Disclosed in the Contract

  Section 28A-203(a) requires the automatic renewal provision and the cancellation procedure to be disclosed clearly and conspicuously in the contract. Quote or attach the procedure the contract gives, and record the date and method you used to follow it.

• Any Emailed Notice and Its Cancel Weblink

  If the seller sent its renewal notice by email, Section 28A-203(b)(2)(C) requires active weblinks allowing you to cancel. Save the email, note whether the link worked, and record the telephone number, e-mail address or app route the notice listed for cancellation details.

• Each Yearly Notice Against the 30 to 60 Day Window

  For the first automatic renewal and each year after, Section 28A-203(b)(2)(A) requires notice no fewer than 30 and no more than 60 days before the cancellation deadline, stating renewal unless cancelled, the renewal cost, the deadline and the cancellation methods. List each deadline and when each notice arrived.

• Free Trial Dates, Notice and Affirmative Consent

  For a free trial of one month or more that renews automatically, Section 28A-203(c) requires notice 15 to 30 days before the trial expires and your affirmative consent to the renewal before any charge. Give the trial dates and say whether you consented.

• The Void Renewal Provision Under Section 28A-203(d)

  A violation renders the automatic renewal provision void and terminates the contract at the end of the term in which it occurred, unless the seller shows written compliance procedures, a good-faith mistake, and a credit or repayment of amounts tied to the mistaken renewal. Name the requirement missed and the term it fell in.

• The Chapter 39 Reference, Stated Without Predicting an Outcome

  Section 28A-203(d) makes a violation of the chapter a violation of Chapter 39 of Title 28. Section 28-3905(k) lets a consumer bring a claim in the Superior Court of the District of Columbia for treble damages or $1,500 per violation, whichever is greater, plus reasonable attorney's fees. Cite it factually. Attorney review is available as an option.