Massachusetts automatic renewal law
Massachusetts's automatic-renewal law for subscription businesses: 6 cited requirements (disclosure, consent, acknowledgment, notice windows, cancellation), effective dates and who can sue. Generated from Checkbox's legal catalog; pending attorney review.
At a glance
| Applies to | Consumers in Massachusetts, wherever the business is located |
| Laws | Massachusetts Attorney General regulation — Unfair and Deceptive Fees (recurring fees and trial offers) |
| Effective | 2025-09-02 |
| Status | In force |
| Requirements in the catalog | 6 (3 with a notice window) |
| Private right of action | via general consumer law |
| Last reviewed | 2026-10-29 |
Federal law applies on top of this: see federal subscription law.
The law
Massachusetts Attorney General regulation — Unfair and Deceptive Fees (recurring fees and trial offers)
- Citation: 940 CMR 38.05 (940 CMR 38.00)
- Effective: 2025-09-02
- Status: In force
- Verified: 2026-10-29, official text read in full (confidence: high)
Regulation (not a statute): written trial-offer and negative-option disclosures (including calendar cancel-by and charge dates); simple cancellation at least as easy as sign-up through the same medium that immediately stops charges; 5-30 day pre-deadline notices for periods over 31 days; per-charge or pre-deadline notices for plans of 31 days or less.
Scope: Applies to advertising, marketing, solicitation or offers of sale targeted to or resulting in a sale in Massachusetts; violations are unfair and deceptive practices under M.G.L. c. 93A, § 2 (private actions with multiple damages available under c. 93A).
Requirements
Each row is one obligation in the catalog, in plain English, with the provision it comes from. "Applies when" lists the conditions under which it applies (otherwise it always applies to covered offers). The ids are stable and match the dataset and Checkbox API results.
At sign-up
| Requirement | Applies when | Effective | Citation |
|---|---|---|---|
Trial offers: written disclosure of obligations and the calendar cancel-by and charge dates Before the consumer accepts a trial offer, disclose clearly, conspicuously and in writing: any financial obligations that may result; all products for which the consumer may incur an obligation; how to reject or cancel before incurring an obligation; the calendar date by which the consumer must cancel; and the calendar date on which the obligation begins if the consumer does not cancel. US-MA.940CMR38.05.1 | free trial | 2025-09-02 | 940 CMR 38.05(1) |
Negative-option products: written disclosure of the charge, its recurrence, and how to cancel Before purchase of a product with a negative option feature, disclose clearly, conspicuously and in writing: that the consumer will be charged (or that charges will increase after any trial); if applicable, that charges recur until the consumer takes steps to stop them; and how to cancel using the simple mechanism required by 940 CMR 38.05(3). US-MA.940CMR38.05.2 | always | 2025-09-02 | 940 CMR 38.05(2) |
Before charges (notices and reminders)
| Requirement | Applies when | Effective | Citation |
|---|---|---|---|
Pre-deadline notice 5-30 days ahead for negative option periods over 31 days For a negative option feature exceeding 31 days, send written notice 5 to 30 calendar days before the date by which the consumer must cancel to avoid the next obligation, disclosing clearly and conspicuously: the obligations; the products; the cancellation mechanism; the cancel-by calendar date; and the charge date — through a medium similar to the one used to sign up or a common medium the consumer affirmatively chose. US-MA.940CMR38.05.4 | term ≥ 2 months | 2025-09-02 | 940 CMR 38.05(4)-(5) |
Pre-deadline notice 5-30 days before a trial longer than 31 days converts Where the period before the negative option charge (e.g. a free trial) exceeds 31 days, send the 940 CMR 38.05(4) written notice 5 to 30 calendar days before the cancel-by date. US-MA.940CMR38.05.4.trial | free trial, trial ≥ 32 days | 2025-09-02 | 940 CMR 38.05(4)-(5) |
Plans of 31 days or less: pre-deadline notice or a per-charge notice with cancel instructions For negative option contracts of 31 days or less (e.g. monthly plans), either send the 940 CMR 38.05(4) notice, or, at least as often as the consumer is charged, a written notice disclosing clearly and conspicuously the amount charged at renewal and how to cancel to avoid further charges, through a similar or commonly used medium. US-MA.940CMR38.05.6 | always | 2025-09-02 | 940 CMR 38.05(6) |
Cancelling
| Requirement | Applies when | Effective | Citation |
|---|---|---|---|
Simple cancellation as easy as sign-up, through the same website/app, that immediately stops charges Provide a simple mechanism to cancel the negative option feature, avoid being charged and immediately stop recurring charges, at least as easy to access and use as the method used to sign up and available through the same medium: internet sign-ups through the same website or app; telephone through a number answered promptly during business hours and no more costly than the sign-up call; in-person sales through the internet or a telephone number plus, where practical, an in-person method. US-MA.940CMR38.05.3 | always | 2025-09-02 | 940 CMR 38.05(3) |
Notice windows
When each notice must be sent. A notice outside its window does not count, so schedule sends against the exact dates.
| Notice | When | Applies when | Citation |
|---|---|---|---|
| Pre-deadline notice 5-30 days ahead for negative option periods over 31 days | 5-30 days before the cancellation deadline | term ≥ 2 months | 940 CMR 38.05(4)-(5) |
| Pre-deadline notice 5-30 days before a trial longer than 31 days converts | 5-30 days before the cancellation deadline | free trial, trial ≥ 32 days | 940 CMR 38.05(4)-(5) |
| Plans of 31 days or less: pre-deadline notice or a per-charge notice with cancel instructions | up to 30 days before the charge or up to 3 days after it | always | 940 CMR 38.05(6) |
Several states use overlapping windows; one email can often satisfy all of them. See free-trial notices and price increases.
Who can sue, and remedies
Private right of action: Indirectly: private suits go through general consumer-protection law.
Unfair and deceptive practice under M.G.L. c. 93A: private actions for double or treble damages and attorney's fees (after a 30-day demand letter); AG enforcement.
Recorded in the catalog: double or treble damages, a 30-day notice-and-cure period.
Remedy figures come from the cited statutes and from public enforcement records summarized in Checkbox's litigation research; figures from secondary sources are marked "unverified" where they appear.
Check your subscription flow
Checkbox evaluates these requirements automatically: the sign-up page, the emails and the cancellation flow are checked against Massachusetts's rules (and every other jurisdiction's) on every check. 15 machine checks cover this page.
- Free to start: get test API keys or connect the MCP server at
https://app.checkbox.site/mcpfrom your coding assistant. - Preflight a disclosure, a Stripe Checkout Session or an email before you ship: preflight checks (
--jurisdictions US-MAlimits a check to Massachusetts's rules). - Start from the subscription compliance checklist.
Data and citation
This page is generated from the open subscription law dataset (catalog 2026.11.01.1, CC BY 4.0), available as JSON and CSV. Cite it as: Checkbox, "Massachusetts automatic renewal law", checkbox.site/laws/massachusetts, catalog 2026.11.01.1 (last reviewed 2026-10-29). Report an error: support@checkbox.site.
Checkbox is compliance software, not a law firm; nothing in these docs is legal advice (details). You remain solely responsible for your subscription program, and Checkbox takes on no legal liability for it (Terms). Checkbox is a System1 company; Trust center · Status. For AI agents: every page is available as Markdown at the same URL plus .md; the index is /llms.txt.