You canceled it. You're sure you canceled it. You have the confirmation email sitting right there in your inbox — and yet the charge showed up on your statement again. Or maybe you never signed up at all, and some "free trial" quietly converted into a $49.99 monthly bill you didn't notice for four months. Either way, you're out real money, and the company's customer service line has been about as helpful as talking to a wall.
A formal written demand, sent the right way, changes the entire conversation. Here's how to use it.
ROSCA Requires Clear Terms, Your Consent, and an Easy Way to Cancel
Texas doesn't have a single statute dedicated exclusively to subscription auto-renewals at the time of this writing, so the legal landscape here draws from a combination of sources. Those combined sources carry real weight.
At the federal level, the Restore Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. § 8401 et seq., applies to online transactions nationwide, including Texas consumers. Under ROSCA, any company that charges you through a negative-option feature — meaning they charge you unless you actively cancel — must clearly disclose the subscription terms before billing, get your express informed consent, and provide a simple mechanism to cancel. If they didn't do all three, they may be in violation of federal law. You can review the statute at 15 U.S.C. § 8403 via Cornell Law.
The Federal Trade Commission (FTC) also enforces rules against unfair or deceptive acts under 15 U.S.C. § 45. In 2023, the FTC finalized its updated Negative Option Rule, which significantly tightens requirements around how companies must disclose, obtain consent for, and allow cancellation of recurring subscriptions. That rule applies across the country.
Additionally, Texas's own Deceptive Trade Practices–Consumer Protection Act (DTPA), found at Texas Business & Commerce Code Chapter 17, gives consumers broad protection against false, misleading, or deceptive business practices. Unauthorized charges, misleading cancellation policies, and charges that don't match what was advertised can all potentially fall under the DTPA. Texas's DTPA is notably consumer-friendly — it can allow for recovery of damages and, in some cases, attorney's fees. That's worth knowing.
None of this is legal advice, and your specific situation may be more complicated. But the point is: the law is not indifferent to what happened to you.
Name, account number, and every charge listed by date and amount
A demand letter isn't a complaint form. It's a clear, factual statement that puts the company on notice — you know what happened, you know your rights (at least roughly), and you want it fixed by a specific date. Here's what to include:
- Your full name and contact information. Sounds obvious, but companies frequently claim they can't locate the account. Give them your name, address, email on file, and any account or membership number. Make it impossible for them to say they couldn't find you.
- A precise description of the charge(s). List each charge by date and dollar amount. "Four charges of $49.99 between March 1 and June 1, 2024" is far stronger than "multiple charges." Attach your bank or credit card statement if possible.
- When and how you canceled (or never consented). If you canceled, state the date and method — "I canceled via your website on February 14, 2024, and received a confirmation email with subject line 'Your cancellation is confirmed.'" If you never agreed to the subscription at all, say so explicitly.
- Why the charges are unauthorized or improper. Keep this factual. You were charged after cancellation. The free trial terms were not clearly disclosed. The cancellation process didn't work. Stick to what you can document.
- The exact amount you're demanding be refunded. Be specific. "I am requesting a full refund of $199.96" is much better than "I want my money back." If you're also asking for a fee waiver or credit, say that too.
- A reasonable deadline. Give them 14 to 30 days to respond. This creates urgency and shows you're serious without being unreasonable.
- Reference to applicable law. You don't need to cite chapter and verse, but naming ROSCA, the FTC's Negative Option Rule, or the Texas DTPA tells them which rules you expect them to answer to. Companies pay attention to that.
- A statement of next steps if they don't respond. Something like: "If I do not receive a satisfactory resolution by [date], I intend to file complaints with the FTC, the Texas Attorney General's Consumer Protection Division, and my credit card issuer, and to pursue all available legal remedies." That's not a bluff — those are real, available options.
- Your signature and the date. It seems small, but a signed, dated letter carries more weight than an unsigned one. It shows you stand behind what you've written.
Proof of Delivery When the Company Says It Never Heard From You
Email is easy to ignore. A certified letter in a company's hands — with a paper trail proving they received it — is a different matter entirely.
Send your letter via USPS Certified Mail with Return Receipt. Here's why that combination specifically helps you:
- Certified Mail gives you a tracking number and a timestamped record that the letter was mailed. That matters if the company later claims they never heard from you.
- Return Receipt (the green postcard, or the electronic version) gives you proof of delivery and the signature of whoever accepted the letter. That's your evidence that someone at the company physically received your demand.
If you later need to file a complaint with the Texas Attorney General, escalate to small claims court, or dispute the charge with your bank, that certified mail receipt is your documentation. It shows you made a good-faith effort to resolve the issue directly before escalating. That history of good faith often matters.
Send the letter to the company's official customer service or legal correspondence address — not just a general P.O. box. Check their terms of service or website footer for a formal notice address. Some companies list a specific address for legal notices, and using that one leaves no room for them to claim it went to the wrong department.
Full Refund, Partial Credit, or a Texas Attorney General Complaint
No guarantees here — every company and every situation is different. But here's a realistic picture of what you might encounter:
Best case: The company issues a refund within a week or two, sometimes without much pushback. A certified letter with a delivery record is harder to file away than a support ticket, and many companies would rather resolve it quietly than risk a regulatory complaint or a chargeback.
Common middle ground: They offer a partial refund or a credit. That may or may not be acceptable to you — and you get to decide. You're not obligated to take the first offer.
No response or denial: This happens. If it does, your next steps include filing a complaint with the Texas Attorney General's Consumer Protection Division, filing with the FTC at ReportFraud.ftc.gov, disputing the charges with your credit card issuer (using your certified mail receipt as evidence), or — for amounts that justify it — filing in Texas small claims court (Justice Court), which handles disputes up to $20,000.
One more thing: if you paid by credit card, you may have chargeback rights under the Fair Credit Billing Act. Talk to your card issuer about the timeline for filing a dispute. Sending your demand letter first actually strengthens that dispute because it shows you tried to resolve it directly.
What If the Company Never Confirmed My Cancellation?
What if I never got a confirmation when I canceled?
That's actually useful information for your letter. If the company's cancellation process failed to send you a confirmation — or the process itself was confusing or broken — that's worth documenting and stating explicitly. Under FTC rules, companies are required to make cancellation simple and straightforward. A process that doesn't confirm cancellation or that silently fails is a red flag regulators take seriously.
Can I dispute subscription charges with my credit card company instead of writing a letter?
You can, and sometimes that's appropriate — especially for clear unauthorized charges. But a chargeback isn't a guaranteed win, and some card issuers want to see that you attempted to resolve the issue with the merchant first. Sending a demand letter first, then filing a chargeback if there's no resolution, is often the stronger sequence. It also gives you documentation to support the dispute.
Does Texas small claims court handle subscription fee disputes?
Yes. Texas Justice Courts handle civil cases up to $20,000. If the company ignores your demand letter and the amount is significant enough to justify your time, small claims court is a real option. You don't need a lawyer. The filing fees are modest. And frankly, many companies choose to settle before a hearing rather than send a representative to court over a few hundred dollars.
What if the subscription company is based outside Texas?
Federal law — including ROSCA and the FTC's Negative Option Rule — applies regardless of where the company is headquartered, as long as they're selling to U.S. consumers. You can still file complaints with the FTC and pursue a chargeback with your card issuer. The company's out-of-state location doesn't put them beyond reach.
How long do I have to dispute these charges?
This depends on the context. For credit card disputes under the Fair Credit Billing Act, you generally have 60 days from when the charge appeared on your statement — so don't wait. For other legal remedies, Texas statutes of limitations vary by claim type. If you're considering a lawsuit, consult a licensed attorney about the applicable deadline for your specific situation.