Free Trial Turned Into Recurring Charges? Cancellation + Refund Demand (ROSCA + State Auto-Renewal Laws)

[Your Full Name]
  [Address]
  [City, State ZIP]
  [Phone] [Email]
  [Account / Subscription ID, if any]

  [Date]

  [Company Legal Name — Attn: Billing / Customer Retention]
  [Company Address]

  cc: [Card issuer / bank — see step 5]

  Sent via certified mail, return receipt requested
  (Copy also sent to [billing@ / support@] on [Date])

  Re: Cancellation of subscription [Account/Order #] and demand for refund of $[Total] in negative-option charges

  To whom it may concern:

  I am writing to (1) cancel — effective immediately — the recurring subscription tied to the account above, and (2) demand a refund of charges made to my [card / bank account] for a "free trial" or auto-renewing subscription that was not properly disclosed, not properly consented to, and/or continued after I asked to cancel.

  The facts:
    • What I signed up for: [e.g., "7-day free trial of [Service]" / "$1 intro month"] on [Date], at [website / app / store].
    • What I was told it would cost: [what the offer said — or "nothing was clearly stated about ongoing charges"].
    • What actually happened: I was charged $[Amount] on [Date(s)] — a total of $[Total] across [N] charges.
    • If applicable — I already tried to cancel: I [clicked cancel / called / emailed] on [Date] via [method]. [It would not let me cancel / I was put through a retention maze / I got no confirmation / they charged me again anyway].

  Why these charges are improper:

  This is a "negative option" arrangement — silence or inaction is treated as consent to keep being billed. Federal law and the law of most states regulate exactly this. One or more of the following applies to my situation:

    • The trial-to-paid conversion and the recurring price, billing frequency, and cancellation deadline were not disclosed clearly and conspicuously before I gave billing information.
    • I never gave express, informed consent to ongoing recurring charges (a pre-checked box, a buried term, or a "continue" button is not consent).
    • The company failed to provide a simple cancellation mechanism — at least as easy as the sign-up — so I could stop the charges.
    • The company kept charging me after I cancelled.

  Legal basis:

    [FEDERAL — applies in every state]
    Under the federal Restore Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. § 8403, it is unlawful to charge a consumer for goods or services sold online through a negative-option feature unless the seller (1) clearly and conspicuously discloses all material terms before obtaining the consumer's billing information, (2) obtains the consumer's express informed consent before charging, and (3) provides simple mechanisms to stop recurring charges. Under 15 U.S.C. § 8404, a violation is treated as an unfair or deceptive act or practice under the Federal Trade Commission Act (enforceable by the FTC, and by state attorneys general under 15 U.S.C. § 8405). Charges that fail any of these three requirements are unlawful.

    [Pick the state tier that applies to you — strike the others.]

    [TIER A — State auto-renewal statute (CA, NY, IL, VA, VT, FL, and many others)]
    My state's automatic-renewal / continuous-service law imposes the same core duties as ROSCA and adds consumer-specific remedies. Under [Cal. Bus. & Prof. Code § 17600 et seq. (esp. § 17602) / N.Y. Gen. Bus. Law § 527-a / 815 ILCS 601/10 (Illinois Automatic Contract Renewal Act) / Va. Code § 59.1-207.46 / 9 V.S.A. § 2454a / Fla. Stat. § 501.165], a business that offers an automatic renewal or continuous-service plan must present the renewal terms clearly and conspicuously, obtain my affirmative consent before charging, and let me cancel through a simple mechanism that is at least as easy as the way I signed up (and, where I enrolled online, allow me to cancel online). Because the company failed to meet these requirements [and/or kept charging me after I cancelled], the charges identified above are improper and refundable. [California: under Bus. & Prof. Code § 17603, products or services sent to a consumer under a non-compliant automatic-renewal offer are deemed an unconditional gift the consumer may keep without payment.] [Florida / Vermont: a non-compliant automatic-renewal provision is void and unenforceable.]

    [TIER B — No specific state auto-renewal statute]
    My state does not have a standalone automatic-renewal statute, so I rely on federal ROSCA (above) together with my state's Unfair and Deceptive Acts and Practices (UDAP) / consumer-protection statute, which prohibits deceptive billing and unauthorized recurring charges. The conduct above is an unauthorized charge and a deceptive practice under both.

  Note on the FTC "Click-to-Cancel" Rule: I am NOT relying on the FTC's 2024 negative-option amendments (the "Click-to-Cancel" Rule, 16 C.F.R. Part 425) — that rule was vacated by the Eighth Circuit in Custom Communications, Inc. v. FTC, No. 24-3137 (8th Cir. July 8, 2025) and is not in force. The grounds above (ROSCA and state law) are independent of it and remain fully in effect.

  Demand:

  Within [14] days of receipt of this letter, please:
    1. Confirm in writing that my subscription is cancelled and that NO further charges will be made;
    2. Refund $[Total] for the [N] charge(s) identified above to my original payment method; and
    3. Send written confirmation of the cancellation and refund to the address above.

  If you do not:
    • I will dispute every charge with my [card issuer / bank] as an unauthorized / improperly disclosed recurring charge, and provide them this letter and my cancellation records;
    • I will file complaints with the Federal Trade Commission (reportfraud.ftc.gov), my state Attorney General's consumer-protection division, and the Better Business Bureau; and
    • I reserve the right to pursue any remedy available under ROSCA, my state's automatic-renewal law, and my state's UDAP statute, including statutory damages, restitution, and attorney's fees where the statute allows.

  I would prefer to resolve this directly and quickly. Please treat this letter as my written cancellation as of the date above.

  Sincerely,

  [Your Signature]
  [Your Printed Name]

  Enclosures: [screenshot of the original offer/checkout page; sign-up confirmation email; card/bank statements showing the charges; any cancellation request you sent and any confirmation or error you received]