Florida’s automatic renewal law, found at Section 501.165 of the Florida Statutes, requires any service contract with an auto-renewal clause to disclose that clause clearly and conspicuously, and for contracts of 12 months or longer, it requires the business to send a written or electronic reminder between 30 and 60 days before the cancellation deadline.1Florida Senate. Florida Statutes 501.165 – Automatic Renewal of Service Contracts If a business skips either requirement, the renewal provision is void and unenforceable, and a consumer who was improperly charged can sue for damages and attorney’s fees.
Which Contracts Are Covered
Section 501.165 applies to service contracts: written agreements for services performed over a fixed period or specified duration. Gym memberships, lawn care, pest control, and software subscriptions are typical examples.1Florida Senate. Florida Statutes 501.165 – Automatic Renewal of Service Contracts The renewal itself has to meet two tests before the statute’s core protections kick in: it must renew for more than one month at a time, and it must keep the contract in effect for more than six months from the original start date.
The law protects individual consumers receiving services for personal use. It does not cover contracts entered as part of a business activity or on behalf of a government entity. A homeowner buying pool maintenance is covered. A property manager signing the same contract for a commercial building is not.
What the Contract Itself Must Say
Any service contract with an automatic renewal provision must disclose that fact “clearly and conspicuously” inside the contract.1Florida Senate. Florida Statutes 501.165 – Automatic Renewal of Service Contracts The statute doesn’t dictate font size or bolding, but the standard is functional: a reasonable consumer should actually notice the renewal terms before signing. Burying the clause in dense boilerplate is what the requirement exists to prevent.
The disclosure should identify the renewal period, explain how to cancel, and flag any deadline the consumer has to meet to avoid another term.
The 30-to-60-Day Pre-Renewal Notice
The provision that trips up most businesses applies to contracts with an initial term of 12 months or more that then renew for more than one month. For those, the seller must send the consumer a written or electronic notification between 30 and 60 days before the cancellation deadline.2Florida Statutes. Florida Statutes 501.165 – Automatic Renewal of Service Contracts
The notice has to make two things clear:
- That the contract will automatically renew unless the consumer cancels.
- How the consumer can find the renewal terms and cancellation procedure, whether by phone number, address, contract reference, or another method.
The window is strict. A notice sent 90 days out is too early. One sent 15 days out is too late. Miss the window on either side and the notice doesn’t count.
What Happens When a Business Doesn’t Comply
The consequence is direct: the automatic renewal provision becomes void and unenforceable.3Florida Senate. Florida Statutes 501.165 – Automatic Renewal of Service Contracts The consumer isn’t bound by the renewal, and the business can’t collect on charges tied to the extended term.
There is a narrow safe harbor. A seller escapes the void-and-unenforceable result only if all three of the following are true:
- The business has established and actually follows written compliance procedures designed to meet the statute.
- The failure was an error rather than a deliberate choice.
- Once the business learned of the error, it refunded the unearned portion of the renewed contract.
All three have to be met. A company with no written compliance procedures can’t invoke the error defense, even if the lapse was genuinely accidental.
How Consumers Enforce the Law
Suing Under FDUTPA
Florida’s Deceptive and Unfair Trade Practices Act lets a consumer who suffered a loss from an unlawful trade practice recover actual damages plus attorney’s fees and court costs.4Florida Statutes. Florida Statutes 501.211 – Other Remedies Available The fees provision is what makes the law work in practice. Few consumers would sue over a $200 gym charge on their own; with fees available, attorneys will take the case and businesses have a real reason to comply.
Charging a consumer under an auto-renewal clause that didn’t meet Section 501.165’s disclosure or notice requirements fits within FDUTPA’s definition of unfair or deceptive conduct. When a company’s noncompliance affects large groups of subscribers, these disputes have escalated into class actions.
Filing a Complaint With the Attorney General
The Florida Attorney General’s Consumer Protection Division investigates businesses that ignore the renewal rules, especially where a pattern of harm shows up in complaints. If violations are confirmed, the state can pursue legal action, seek fines, or obtain restitution for affected consumers.
What Section 501.165 Doesn’t Cover
Several categories of contracts sit outside this statute because other laws govern them, and it’s worth knowing where the line falls before assuming you have a Section 501.165 claim.
Insurance policies are the most common example. Auto, homeowner’s, and health policies renew automatically all the time, but they’re governed by Florida’s insurance code. Section 627.4133 sets its own rules for cancellation, nonrenewal, and renewal premium notices.5Florida Senate. Florida Code 627.4133 – Notice of Cancellation, Nonrenewal, or Renewal Premium Insurance renewal disputes follow that code, not Section 501.165.
Financial products such as deposit accounts, credit cards, and loans are covered by federal law, including the Truth in Lending Act and the Electronic Fund Transfer Act, which impose their own disclosure and notice regimes.
Contracts with state agencies fall under separate procurement rules that cap renewals and require the agency to document that a renewal serves the state’s interest.6Cornell Law Institute. Florida Administrative Code Rule 60A-1.048 – Renewal and Extension Section 501.165’s definition of “consumer” also excludes individuals acting on behalf of a government entity.
Retail installment contracts, personal property leases, and one-time product purchases aren’t the subject of Section 501.165 either. Other consumer protection provisions may apply, but this statute is aimed at recurring service contracts.
What to Do Now
If you were charged under an auto-renewal you didn’t knowingly agree to, start by checking whether the business sent the required pre-renewal notice within the 30-to-60-day window. If it didn’t, the renewal is likely void. Send a written cancellation request, keep a copy, and dispute the charge with your bank or card issuer if the business keeps billing. If the amount is significant or the business won’t respond, a FDUTPA demand with attorney’s fees in play tends to prompt a fast resolution. Complaints can also go to the Attorney General’s Consumer Protection Division.
If you run a business that uses auto-renewing service contracts in Florida, build the compliance infrastructure now. Put your renewal procedures in writing. Use a calendar or automated system that flags each contract 60 days out from its cancellation deadline. Keep records showing every notice went out inside the statutory window. That paper trail is what the safe harbor requires when something slips through.