A ROSCA & Cal. 340 Continuity Plan Acknowledgement is designed as an email notice to be sent immediately after the initial purchase to each customer participating in a continuity plan involving recurring billing. 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 mandates that you disclose the material terms of the plan before collecting billing information from customers. Informed consent to the plan must be obtained through an "I AGREE" button 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 requires specific provisions in your continuity plan acknowledgment email. You must prominently display the plan terms in a conspicuous manner and obtain express consent from customers by utilizing an "I AGREE" button or similar method. The acknowledgment must also include information regarding renewal terms, cancellation policies, how to cancel, and a clear notice of any material changes made to the plan.
By utilizing FTC Guardian's ROSCA & Cal. 340 Continuity Plan Acknowledgement, you can ensure compliance with these regulations and establish effective communication with your customers regarding their participation in the continuity plan.
Choose from a comprehensive collection of Supplemental Compliance Documents to enhance your website's legal compliance while implementing proper procedures for continuity plans 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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