Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.
"The renewal terms were in the terms of service you accepted"
high likelihoodThe business points to its terms page or a checkbox covering the whole agreement.
What answers it
§ 17602 requires the automatic renewal offer terms to be presented in a clear and conspicuous manner in visual proximity to the request for consent, and AB 2863 requires consent to the automatic renewal separately from consent to other terms. A single checkbox covering the whole of the terms is not separate consent, and a link is not visual proximity.
Assembly Bill 2863 (2024), Automatic renewal and continuous service offers — Operative 1 July 2025 and applying to any contract entered into, amended or extended on or after that date. Adds express consent to the automatic renewal separate from other terms, annual reminder notices, consent to material price changes, and a cancellation mechanism in the same medium used to consent.
"You can cancel by calling us"
high likelihoodThe business offers telephone cancellation and treats that as sufficient.
What answers it
Since AB 2863 the cancellation mechanism must be at least as easy as the mechanism used to consent and available in the same medium. If you signed up on a website, a telephone-only cancellation is a violation on its face. Before AB 2863, § 17602(c) already required exclusively online termination for consumers who accepted online.
Assembly Bill 2863 (2024), Automatic renewal and continuous service offers — Operative 1 July 2025 and applying to any contract entered into, amended or extended on or after that date. Adds express consent to the automatic renewal separate from other terms, annual reminder notices, consent to material price changes, and a cancellation mechanism in the same medium used to consent.
"We will refund you once you return the goods"
medium likelihoodThe business conditions the refund on the return of what it sent.
What answers it
§ 17603 makes goods sent under a non-compliant automatic renewal an unconditional gift "without any obligation whatsoever on the consumer's part". You keep them. Quote the section.
California Business and Professions Code § 17603 — § 17603 — goods, wares, merchandise or products sent under an automatic renewal or continuous service arrangement in violation of the article are "for all purposes deemed an unconditional gift to the consumer"
"We are not a California business"
medium likelihoodAn out-of-state or foreign seller says the ARL does not reach it.
What answers it
The statute regulates making an automatic renewal offer to a consumer in California, not the location of the seller. A business that sells to Californians is subject to it.
California Business and Professions Code §§ 17600-17606 — § 17602 — clear and conspicuous disclosure of the automatic renewal offer terms, affirmative consent to those terms, an acknowledgment capable of being retained, renewal reminders, and a cancellation method at least as easy as the method of consent