Know Your Rights

Federal and state laws protect consumers. Learn what they are and how to use them.

Federal Laws

ROSCA - Restore Online Shoppers' Confidence Act

15 U.S.C. § 8403

ROSCA protects consumers from negative option marketing (automatic renewals, free trial conversions, etc.). It requires sellers to meet strict disclosure and consent requirements before charging consumers.

Requirements for Sellers:

  1. 1
    Clear Disclosure

    All material terms must be clearly and conspicuously disclosed BEFORE obtaining billing information.

  2. 2
    Express Informed Consent

    Must obtain consumer's express informed consent BEFORE charging.

  3. 3
    Simple Cancellation

    Must provide simple mechanisms for consumers to stop recurring charges.

Penalties

Up to $53,088 per violation

Enforcement

Federal Trade Commission (FTC)

File FTC Complaint

Consumer Review Fairness Act

15 U.S.C. § 45b

The CRFA protects consumers' rights to share honest reviews about businesses. Companies cannot use contract clauses to prohibit or penalize honest reviews.

Your Protected Rights:

  • Share honest reviews of products and services
  • Post truthful negative feedback without retaliation
  • Ignore non-disparagement clauses for honest reviews

Electronic Fund Transfer Act (EFTA)

15 U.S.C. § 1693 | Regulation E

EFTA protects consumers using debit cards, ACH transfers, and recurring EFT payments. When unauthorized charges appear, your bank must investigate and may owe you provisional credit.

Your Rights:

  1. 1
    60-Day Reporting Window

    Report unauthorized transfers within 60 days of your statement date.

  2. 2
    Bank Must Investigate

    Your bank has 10 business days to investigate your claim (45 days for complex cases).

  3. 3
    Provisional Credit

    If investigation takes longer than 10 days, bank must credit disputed amount while investigating.

  4. 4
    Burden on Bank

    For unauthorized EFTs, the bank must prove the transaction was authorized—not you.

Liability Limits

Report within 2 days: $50 max · Within 60 days: $500 max

Covers

Debit cards, ACH, ATM, recurring payments

File CFPB Complaint

State Laws

Each state has its own consumer protection laws. Many provide stronger protections than federal law, including statutory damages and attorney fee recovery.

Cal. Civ. Code § 1750 et seq. | Bus. & Prof. Code § 17200

California provides some of the strongest consumer protections in the nation through the CLRA and UCL. Automatic renewal laws are particularly strict.

Key Protections:

  • Automatic renewal disclosures required
  • Easy cancellation mechanisms mandatory
  • Restitution and injunctive relief
  • Attorney fees for prevailing consumers
File California AG Complaint

Don't see your state? Check our resources for state AG complaint links.

Common Law Claims

In addition to statutory protections, common law claims provide powerful remedies for consumers harmed by corporate misconduct.

Unjust Enrichment

Common Law Doctrine

When a company retains money that, in equity and good conscience, belongs to you, they have been unjustly enriched. Courts can order restitution even without a specific statute.

Elements to Prove:

  1. 1
    Benefit Conferred

    You gave money to the company (payment for services).

  2. 2
    Appreciation of Benefit

    The company received and retained your money.

  3. 3
    Unjust Retention

    It would be inequitable for the company to retain the benefit without paying for it.

"When management admits an employee made an error, then keeps the money anyway, they have been unjustly enriched at the consumer's expense."

Fraud in the Inducement

Common Law + State Statutes

When you're tricked into signing a contract through false statements or omissions, the contract may be voidable. Even integration clauses don't protect against fraud.

Elements to Prove:

  1. 1
    False Representation

    A material misstatement of fact was made (e.g., "no recurring charges").

  2. 2
    Knowledge or Recklessness

    The statement was made knowingly, recklessly, or with constructive knowledge.

  3. 3
    Intent to Induce

    The statement was made to induce you to enter the contract.

  4. 4
    Reasonable Reliance

    You reasonably relied on the statement when signing.

  5. 5
    Damages

    You suffered harm as a result (financial loss).

Important Note

Integration clauses cannot shield a party from fraud claims. If you were induced to sign through misrepresentation, the entire contract may be voidable.

Understanding Your Contract

Contracts often contain clauses designed to limit your rights. Understanding these clauses is essential to fighting back effectively.

Integration Clauses

States that the written contract is the complete agreement and supersedes all prior discussions.

"This Agreement constitutes the entire agreement between the parties..."

Defense: Does not bar fraud claims or statutory violations.

Arbitration Clauses

Requires disputes be resolved through private arbitration instead of court.

"Any dispute shall be resolved through binding arbitration..."

Opportunity: Mass arbitration can be turned against companies.

Class Action Waivers

Prevents you from joining class action lawsuits against the company.

"You waive the right to participate in any class action..."

Workaround: Individual arbitration or small claims court.

Small Claims Loophole

Many arbitration clauses explicitly carve out small claims court.

"...except for claims that may be brought in small claims court."

Strategy: File in small claims (up to $10,000 in most states).

Ready to Take Action?

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This website documents consumer experiences with corporations. All statements are based on documented evidence provided by consumers. Protected speech under the First Amendment. Consumer reviews protected under the Consumer Review Fairness Act (15 U.S.C. § 45b). Companies cannot respond directly; resolution status is verified by consumers only.

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