[{"data":1,"prerenderedAt":302},["ShallowReactive",2],{"/guides/massachusetts-automatic-renewal-law":3},{"id":4,"title":5,"articleSection":6,"author":7,"body":8,"category":6,"cta":282,"ctaBody":283,"ctaTitle":284,"dateModified":284,"datePublished":285,"description":286,"draft":287,"extension":288,"hideCover":289,"image":290,"meta":291,"navigation":289,"ogImage":284,"path":292,"readTime":293,"seo":294,"sidebarCta":295,"stem":298,"tags":299,"wordCount":300,"__hash__":301},"guides/guides/massachusetts-automatic-renewal-law.md","Massachusetts's automatic renewal rules (940 CMR 38.00): a cancellation guide","Compliance","baird",{"type":9,"value":10,"toc":258},"minimark",[11,20,23,36,41,44,80,84,94,99,102,106,109,113,116,120,123,127,135,138,142,145,149,152,173,182,185,194,206,210,214,217,221,224,228,231,235,238,242,244,248,251,255],[12,13,14,15],"p",{},"Part of: ",[16,17,19],"a",{"href":18},"/guides/state-automatic-renewal-laws","US state automatic renewal laws",[12,21,22],{},"Massachusetts does not have a standalone auto-renewal statute. Instead, the Attorney General regulates auto-renewals through 940 CMR 38.00, a rule on unfair fees and negative-option offers that took effect September 2, 2025. It requires a simple way to cancel and clear trial disclosures.",[24,25,27,33],"article-action-card",{"variant":26},"yellow",[12,28,29],{},[30,31,32],"strong",{},"A quick note",[12,34,35],{},"This is a practical guide, not legal advice. The rules sit in 940 CMR 38.00 and are enforced under Chapter 93A. Confirm your setup with counsel.",[37,38,40],"h2",{"id":39},"a-checklist-to-comply-with-massachusettss-rules","A checklist to comply with Massachusetts's rules",[12,42,43],{},"Audit your cancel and trial flow against these obligations.",[45,46,47,56,64,72],"article-checklist",{},[48,49,50],"article-checklist-item",{},[12,51,52,55],{},[30,53,54],{},"Offer a simple cancellation."," Make cancelling at least as easy as signup, and immediately stop recurring charges.",[48,57,58],{},[12,59,60,63],{},[30,61,62],{},"Match the signup medium."," Let customers cancel through the same channel they used to start, online, phone, mail, or in person.",[48,65,66],{},[12,67,68,71],{},[30,69,70],{},"Disclose trial terms clearly."," State the calendar date by which the customer must cancel to avoid a charge.",[48,73,74],{},[12,75,76,79],{},[30,77,78],{},"Be upfront about negative options."," Make the recurring charge and terms clear so silence is not treated unfairly as consent.",[37,81,83],{"id":82},"what-940-cmr-3800-requires","What 940 CMR 38.00 requires",[12,85,86,87,93],{},"The auto-renewal provisions sit in ",[16,88,92],{"href":89,"rel":90},"https://regulations.justia.com/states/massachusetts/940-cmr/title-940-cmr-38-00/section-38-05/",[91],"nofollow","Section 38.05"," and cover any product with a negative-option feature.",[95,96,98],"h3",{"id":97},"_1-a-simple-cancellation-mechanism","1. A simple cancellation mechanism",[12,100,101],{},"You must provide a simple way to cancel and stop recurring charges. It has to be at least as easy as signup, and available through the same medium the customer used to start, whether that was online, phone, mail, or in person.",[95,103,105],{"id":104},"_2-clear-trial-disclosures","2. Clear trial disclosures",[12,107,108],{},"For a trial offer, disclose the terms clearly, including the calendar date by which the customer must cancel to avoid a charge.",[95,110,112],{"id":111},"_3-honest-negative-option-terms","3. Honest negative-option terms",[12,114,115],{},"A negative option treats silence as acceptance. The rule bars presenting one in a way that is unfair or deceptive, so the terms and the recurring charge have to be clear up front.",[95,117,119],{"id":118},"_4-ongoing-notices","4. Ongoing notices",[12,121,122],{},"For a term longer than 31 days, send a written reminder 5 to 30 days before the cancellation deadline. For a term of 31 days or less, repeat the key disclosures at least as often as you bill.",[37,124,126],{"id":125},"enforcement","Enforcement",[12,128,129,130,134],{},"A breach of 940 CMR 38.00 is an unfair and deceptive practice under ",[16,131,133],{"href":89,"rel":132},[91],"Chapter 93A",", which the Attorney General and consumers can enforce, including through multiple damages and legal fees.",[12,136,137],{},"In plain terms, Chapter 93A has teeth. A willful violation can mean double or triple damages plus the customer's legal fees.",[37,139,141],{"id":140},"who-does-it-apply-to","Who does it apply to?",[12,143,144],{},"It applies to businesses selling products with a negative-option or auto-renewal feature to consumers in Massachusetts, wherever the business is based.",[37,146,148],{"id":147},"how-churnkey-helps-you-stay-compliant-and-reduce-churn","How Churnkey helps you stay compliant and reduce churn",[12,150,151],{},"Churnkey offers a Cancel Flow that is compliant and retains customers, two outcomes that are hard to balance at once.",[12,153,154,155,160,161,166,167,172],{},"Getting started is easy, with an ",[16,156,159],{"href":157,"rel":158},"https://sdk.churnkey.co/",[91],"SDK",", an ",[16,162,165],{"href":163,"rel":164},"https://docs.churnkey.co/cancel-flows/quick-start-guide",[91],"embedded option",", or a ",[16,168,171],{"href":169,"rel":170},"https://churnkey.co/feature/hosted-cancel-flows",[91],"self-serve hosted page",".",[12,174,175,176,181],{},"Churnkey's ",[16,177,180],{"href":178,"rel":179},"https://docs.churnkey.co/cancel-flows/click-to-cancel",[91],"automatic compliance"," detects each customer's location and shows a cancel option as easy as signup, which is what Massachusetts expects.",[12,183,184],{},"We work with businesses across many states and countries, each with its own evolving rules, so we can help you configure flows that support compliance. Review the rules with your legal team and meet with ours to set up your flows.",[12,186,187,188,193],{},"Before a customer confirms, Churnkey can offer a pause or discount they are free to decline, and you can ",[16,189,192],{"href":190,"rel":191},"https://docs.churnkey.co/cancel-flows/a-b-testing",[91],"A/B test"," flows to find what saves revenue. On average, companies using Churnkey save 20 to 40% of the revenue they would otherwise lose to churn.",[12,195,196,197,201,202,172],{},"Churnkey is ",[16,198,200],{"href":199},"/legal/gdpr","GDPR compliant"," and ",[16,203,205],{"href":204},"/blog/soc-2-certified/","SOC 2 Type II certified",[37,207,209],{"id":208},"faq","FAQ",[95,211,213],{"id":212},"does-massachusetts-have-an-automatic-renewal-law","Does Massachusetts have an automatic renewal law?",[12,215,216],{},"Not a standalone statute. The Attorney General regulates auto-renewals through 940 CMR 38.00, a rule on unfair fees and negative-option offers that took effect September 2, 2025.",[95,218,220],{"id":219},"what-does-940-cmr-3800-require-for-cancellation","What does 940 CMR 38.00 require for cancellation?",[12,222,223],{},"A simple mechanism to cancel and stop recurring charges, at least as easy as signup and available through the same medium the customer used to start.",[95,225,227],{"id":226},"does-it-apply-to-my-business","Does it apply to my business?",[12,229,230],{},"If you sell a product with a negative-option or auto-renewal feature to consumers in Massachusetts, yes, wherever your business is based.",[95,232,234],{"id":233},"how-is-it-enforced","How is it enforced?",[12,236,237],{},"A breach is an unfair and deceptive practice under Chapter 93A, enforceable by the Attorney General and by consumers, which can include multiple damages and legal fees.",[95,239,241],{"id":240},"how-much-notice-must-i-give-before-a-renewal","How much notice must I give before a renewal?",[12,243,122],{},[95,245,247],{"id":246},"does-a-confirmation-step-or-retention-offer-break-the-rules","Does a confirmation step or retention offer break the rules?",[12,249,250],{},"No. The rule requires a simple, same-medium cancellation. It does not forbid a confirmation step or a relevant offer the customer can decline. Avoid anything that hides, blocks, or complicates completing the cancellation.",[95,252,254],{"id":253},"how-can-churnkey-help-my-business","How can Churnkey help my business?",[12,256,257],{},"Churnkey provides a Cancel Flow that is as easy as signup, with automatic compliance by location. You can present a fair offer before the customer confirms while leaving them free to cancel. We can help you configure flows that support compliance, but review the rules with your legal team.",{"title":259,"searchDepth":260,"depth":260,"links":261},"",3,[262,264,270,271,272,273],{"id":39,"depth":263,"text":40},2,{"id":82,"depth":263,"text":83,"children":265},[266,267,268,269],{"id":97,"depth":260,"text":98},{"id":104,"depth":260,"text":105},{"id":111,"depth":260,"text":112},{"id":118,"depth":260,"text":119},{"id":125,"depth":263,"text":126},{"id":140,"depth":263,"text":141},{"id":147,"depth":263,"text":148},{"id":208,"depth":263,"text":209,"children":274},[275,276,277,278,279,280,281],{"id":212,"depth":260,"text":213},{"id":219,"depth":260,"text":220},{"id":226,"depth":260,"text":227},{"id":233,"depth":260,"text":234},{"id":240,"depth":260,"text":241},{"id":246,"depth":260,"text":247},{"id":253,"depth":260,"text":254},"demo","Build a cancel flow that meets Massachusetts's rules and keeps more of the customers you have. See it on your own subscriptions in a short walkthrough.",null,"2026-07-01","Massachusetts regulates auto-renewals through an Attorney General rule that took effect in 2025. Here is what it requires.",false,"md",true,"/images/cky-catalogue/covers/og-lifetime-value.png",{},"/guides/massachusetts-automatic-renewal-law","6 min read",{"title":5,"description":286},{"title":296,"body":297},"Comply with 940 CMR 38.00","A cancel flow as easy as signup, on the same channel, that saves **20–40%** of the revenue you'd otherwise lose to churn.","guides/massachusetts-automatic-renewal-law",[6],1000,"1y4lVf-VyK9LGhT27gJblzOMBu4dwHpCpEGT4P-L4QE",1784169485317]