When must a Massachusetts business send an auto-renewal reminder?
Quick answer
For any auto-renewing plan longer than 31 days, Massachusetts rule 940 CMR 38.05(4) requires a written reminder no more than 30 and no fewer than 5 calendar days before the cancel deadline. It must list the charges, the products, how to cancel, the cancel-by date and the charge date. Plans of 31 days or less have a simpler option.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Who is covered | Advertising, marketing or offers targeted to, or resulting in a sale in, Massachusetts, for products bought for personal, family or household use (38.01-38.03) | 940 CMR 38.00 (Mass. AG) |
| Timing (plans over 31 days) | Written notice no more than 30 and no fewer than 5 calendar days before the date the consumer must cancel to avoid the next charge (38.05(4)) | 940 CMR 38.00 (Mass. AG) |
| What it must say | Any charges if they do not cancel; every product they may be charged for; how to cancel (meeting 38.05(3)); the calendar date to cancel by; the calendar date the charge happens (38.05(4)(a)-(e)) | 940 CMR 38.00 (Mass. AG) |
| How to send it | Through a medium substantially similar to the one used to sign up, or a commonly used medium the consumer affirmatively chose as their preferred contact; for in-person sign-ups, the chosen commonly used medium (38.05(5)) | 940 CMR 38.00 (Mass. AG) |
| Plans of 31 days or less | Either the same reminder, or a written notice at least as often as the consumer is charged that clearly shows the amount charged at renewal and how to cancel (38.05(6)) | 940 CMR 38.00 (Mass. AG) |
| Clear and conspicuous | Readily noticeable and understandable; online it must be unavoidable, and in each language the offer uses (38.03) | 940 CMR 38.00 (Mass. AG) |
| Start date | Applies to acts committed or practices in force as of September 2, 2025 (38.09) | 940 CMR 38.00 (Mass. AG) |
| Penalty | No separate dollar fine in the rule itself. A violation is an unfair or deceptive practice under M.G.L. c. 93A, s. 2; in an Attorney General case the court may order a civil penalty of up to $5,000 for each violation if the business knew or should have known (c. 93A, s. 4) | M.G.L. c. 93A, s. 4 |
| Last verified | October 29, 2026 | Astor Ventures |
Do monthly plans need a reminder every month?
Plans of 31 days or less can either send the full 5-to-30-day reminder or send, at least as often as you charge, a notice that clearly shows the amount charged at renewal and how to cancel (38.05(6)).
Can I send it by text message?
Yes if texting is substantially similar to how the customer signed up, or if it is a commonly used medium the customer affirmatively chose as their preferred way to be contacted (38.05(5)).
Why calendar dates?
The rule asks for the calendar date to cancel by and the calendar date the charge happens (38.05(4)(d),(e)), so "your plan renews soon" is not enough.
Want it done in an afternoon? The Massachusetts junk-fee & auto-renewal kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment of $49, instant download.
What else do people ask?
Does an annual plan need one?
Yes. Any plan over 31 days falls under 38.05(4).
Is a renewal receipt enough for a monthly plan?
It can be, if it is sent at least as often as you charge and clearly shows the amount charged at renewal and how to cancel (38.05(6)(b)).
What is the fine?
The rule has no fine of its own; the Attorney General can seek up to $5,000 per violation under M.G.L. c. 93A, s. 4.
Is this legal advice?
No. General information only.
Related guides
← Massachusetts junk-fee & auto-renewal kit · All guides · All kits