DisputeKit

DisputeKit / New Mexico

How to cancel a subscription that won't let you cancel in New Mexico

Under the federal Restore Online Shoppers' Confidence Act (15 U.S.C. § 8403), a business that sells a subscription online with automatic charges must provide a simple way for the consumer to stop recurring charges.

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What the law says

The New Mexico Unfair Practices Act (NMSA 1978, § 57-12-3) provides that unfair or deceptive trade practices and unconscionable trade practices in the conduct of any trade or commerce are unlawful.

For service, maintenance or repair contracts that renew automatically for more than two months, a New Mexico rule under the Unfair Practices Act (12.2.11 NMAC) requires the business to honor a timely written cancellation notice sent by mail, email or other reliable means and to allow the consumer to end the contract at the end of the term without additional cost or penalty.

Cancel in writing

A written cancellation notice sent by email and certified mail creates a dated record that you cancelled. Ask for written confirmation and a refund of any charge made after your cancellation date.

If charges continue, dispute them with your card issuer and file a complaint with the New Mexico Department of Justice, Consumer Protection.

Steps

  1. Note the date you first tried to cancel
  2. Send a written cancellation notice
  3. Demand a refund of later charges
  4. Dispute charges with your card issuer if they continue

See a full sample letter for New Mexico

Common questions

What if they say I can only cancel by phone?

Under the federal Restore Online Shoppers' Confidence Act (15 U.S.C. § 8403), a business that sells a subscription online with automatic charges must provide a simple way for the consumer to stop recurring charges. A written notice also protects you if a phone cancellation is never processed.

Can I get charges after cancelling refunded?

You can demand them in writing and dispute them with your card issuer. Under the Fair Credit Billing Act, a billing-error dispute must reach the card issuer in writing within 60 days after the first statement showing the charge.