Florida's Automatic Renewal Law (Section 501.165)

Florida regulates automatic renewals of service contracts under Section 501.165 of the Florida Statutes, part of Chapter 501 (Consumer Protection). The statute was first enacted in 2010 and last amended in 2022 (chapter 2022-169). That 2022 version remains the operative law as of 2026.

The statute uses specific definitions that determine its scope. An "automatic renewal provision" is a contract term under which a service contract renews for a specified period of more than one month, where the renewal causes the contract to stay in effect more than six months after it started, and the renewal takes effect unless the consumer notifies the seller of an intent to terminate. A "service contract" is a written contract for the performance of services over a fixed period or specified duration, and a "seller" is any business that sells or leases a service to a consumer under such a contract.

Because of these thresholds, the law focuses on longer-term, negative-option service arrangements. True month-to-month renewals (one month or less) and short contracts that never extend beyond six months fall outside the statutory definition. The definition also centers on "services," which makes Florida's statute narrower in scope than some broader subscription laws in other states.

Section 501.165(2) sets out two core seller obligations. First, any seller offering a service contract with an automatic renewal provision must disclose that provision "clearly and conspicuously" in the contract or contract offer. The renewal terms cannot be buried where a consumer is unlikely to see them.

Second, for service contracts with a term of 12 months or more that automatically renew for a period longer than one month, the seller must send a separate written or electronic notice. That notice must reach the consumer no less than 30 days and no more than 60 days before the cancellation deadline tied to the renewal.

Under the statute, that notice must clearly and conspicuously state two things: (1) that the contract will automatically renew unless the consumer cancels, and (2) the methods by which the consumer can obtain the details of the renewal provision and the cancellation procedure, whether by contacting the seller at a specified telephone number or address, by referring to the contract, or by another method. The advance-reminder requirement is meant to give consumers a genuine chance to decide before a long-term contract rolls over.

Under Section 501.165(2)(d), a seller that enters into or renews a service contract containing an automatic renewal provision must allow the consumer to cancel "in the same manner, and by the same means," that the consumer used to accept the contract.

In practical terms, this means that if a consumer signed up online, the law contemplates an online path to cancel; if the consumer enrolled in person or by phone, cancellation should be available through a comparable channel. This same-manner requirement was added by the 2022 amendment and is aimed at situations where signing up is easy but canceling is deliberately difficult.

The statute states a direct consequence for non-compliance. Under Section 501.165(2)(f), "a violation of this subsection renders the automatic renewal provision void and unenforceable." If a seller fails to meet the disclosure, notice, or cancellation requirements, the automatic-renewal term itself can be treated as unenforceable.

The law also includes a limited safe harbor. A seller that fails to comply does not violate the section if it can demonstrate three things: that, as part of its routine business practice, it established and implemented written procedures to comply and enforces them; that the failure was the result of an error; and that, as a matter of routine practice, it refunds the unearned portion of the contract as of the date it is notified of the error. This gives good-faith sellers a path to correct genuine mistakes.

Section 501.165 sits within Florida's broader consumer-protection chapter, which also contains the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) in Part II. This page provides general information only and is not legal advice; how these provisions apply to any specific situation can depend on the facts.

Section 501.165(2)(e) lists categories of businesses to which the automatic-renewal requirements do not apply. These include financial institutions (as defined in s. 655.005) and depository institutions (under 12 U.S.C. s. 1813(c)(2)); foreign banks maintaining a U.S.-licensed branch or agency; and subsidiaries or affiliates of those entities.

The exemptions also cover health studios as defined in s. 501.0125 (which are separately regulated under Florida's health-studio law); entities licensed under Florida's insurance-related chapters 624, 627, 634, 636, and 641; electric utilities as defined in s. 366.02; and certain private companies under s. 180.05 that provide chapter 180 services in competition with, or billed by, a governmental entity.

If a consumer's service falls into one of these categories, the specific requirements of Section 501.165 may not govern the arrangement, although other laws or contract terms could still apply.

Consumers who want to rely on these protections generally find it useful to keep records: the original contract, any renewal notices received (or the absence of one), the sign-up and cancellation dates, and confirmation of any cancellation request. Because the law ties obligations to specific thresholds, a term of 12 months or more, renewal periods longer than one month, and the six-month effective window, the details of a particular contract matter.

Consumers who believe a seller has not followed Section 501.165 can review the full statutory text on the Florida Legislature's official website and may consider filing a complaint with the Florida Department of Agriculture and Consumer Services or the Florida Attorney General's office. For questions about how the law applies to an individual situation, a licensed Florida attorney can provide advice. This page is general information only and is not legal advice.