What must a Massachusetts free trial offer disclose under 940 CMR 38?
Quick answer
Five things, clearly: any charges the customer may incur by accepting the trial, which products those charges are for, how to reject or cancel before being charged, the calendar date by which to cancel, and the calendar date the charge will happen if they do not cancel. The Attorney General's rule, 940 CMR 38.00, has been enforceable since September 2, 2025.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Rule | 940 CMR 38.00, Unfair and deceptive fees (Attorney General), under M.G.L. c. 93A, section 2 | Official source |
| Enforceable | September 2, 2025 | Official source |
| Trial offer disclosures | Charges that may be incurred; products charged for; instructions to reject or cancel before being charged; the calendar date to cancel by; the calendar date of the charge | Official source |
| Recurring charges | Before purchase: what is charged and any increase after a period such as a trial; that charges recur unless cancelled; how to cancel | Official source |
| Cancelling | Cancel as easily as enrolling (online sign-up means online cancel); advance written notices before renewal with date, amount and how to cancel | Official source |
| Penalty | Up to $5,000 per violation if the business knew or should have known, plus investigation and litigation costs; up to $10,000 per violation of a court order (M.G.L. c. 93A, section 4) | Official source |
| Last verified | October 22, 2026 | Astor Ventures |
Why calendar dates and not "after 30 days"?
The Attorney General's summary of the rule says the trial offer must disclose the calendar date by which the customer must cancel and the calendar date on which they will be charged. A phrase like "after your 30-day trial" does not give either date, so show the actual dates at sign-up.
What happens when the trial turns into a subscription?
The recurring-charge rules then apply: before purchase you must explain what will be charged, whether the price goes up after the trial, that charges continue until cancelled, and how to cancel. Cancelling must be as easy as signing up, and renewal notices must go out in advance in writing.
Who can enforce it?
The Attorney General can sue under M.G.L. c. 93A, section 4 and ask for a civil penalty of up to $5,000 per violation. The AG's announcement also notes that customers can bring private actions under the Consumer Protection Act.
Want it done in an afternoon? The Massachusetts junk-fee & auto-renewal kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment, instant download.
What else do people ask?
How many days before renewal must the notice go out?
The AG summary says advance written notice is required but gives no day count. Read 940 CMR 38.00 itself for the timing that applies to your plan.
Where can I read the full rule?
On mass.gov: 940 CMR 38.00, Unfair and deceptive fees, published by the Attorney General's Office, with the AG's business guidance.
What is the fine?
Up to $5,000 per violation under M.G.L. c. 93A, section 4.
Is this legal advice?
No. General information only.
Related guides
← Massachusetts junk-fee & auto-renewal kit · All guides · All kits