A ROSCA & Cal. 340 Continuity Plan Change Notice is designed as an email notice to be sent to each recurring billing customer immediately after making material changes to the continuity plan that may influence their decision to opt-out. If you charge a customer's credit card periodically on a recurring basis (such as with a membership site), you are operating a continuity plan, also known as a negative option plan, which is regulated by both the Restore Online Shoppers Confidence Act (ROSCA) and the California SB 340 amendments.
ROSCA requires that you disclose material terms of the plan before collecting billing information from customers. Informed consent must be obtained through an "I AGREE" button or similar method before charging their credit cards.
Additionally, you are required to provide customers with a simple mechanism to opt out of the plan.
California SB 340 mandates specific provisions in your continuity plan change notice email. You must prominently display the plan terms in a conspicuous manner and obtain express consent from customers through an "I AGREE" button or similar method. The notice should also include an acknowledgment of renewal terms, cancellation policies, how to cancel, and a clear notification of any material changes made to the plan.
By utilizing FTC Guardian's ROSCA & Cal. 340 Continuity Plan Change Notice, you can ensure compliance with these regulations and effectively communicate updates and changes to your continuity plan to your customers.
Choose from a comprehensive collection of Supplemental Compliance Documents to enhance your website's legal compliance while implementing proper procedures for notifying customers of continuity plan changes in accordance with ROSCA and California SB 340.
Join numerous service providers who have benefited from FTC Guardian's comprehensive approach to hosting agreements.
First Published on April 12th, 2018
Last Updated on November 28th, 2023
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