It will soon be easier to cancel a subscription: from June 1, 2023, all professionals will have to offer their customers a simplified online cancellation procedure, in a maximum of three clicks. A real revolution!
Mail on paper to be sent to a specific address by registered mail, absence of feedback from the customer service concerned, cancellation button hidden within menus, more or less long notice periods… Unsubscribing from a service too often resembles a real obstacle course – companies have little interest in making it easier for their customers by letting them go to the competition… However, with the increase in prices, many consumers may be tempted – rightly – to reduce their number of subscriptions in order to be limited to the essentials. This is why, in this context of high inflation, the Government has voted emergency measures to protect purchasing power, in particular with law no. 2022-1158 of August 16, 2022 which imposes the simplification of the conditions of termination of a service so that unsubscribing is as easy as subscribing, from the 1er June 2023. A simplified procedure, which will concern all forms of subscription, whether Internet or mobile plan (Bouygues Telecom, Free, Orange, SFR and others), streaming platform (Netflix, Disney+, Canal+ , Amazon Prime Video, etc.), press, energy supply or services.
The Government has thus changed the rules of the Consumer Code with thearticle L. 215-1-1which states that “where a contract has been concluded electronically or has been concluded by another means and the trader, on the day of termination by the consumer, offers the consumer the possibility of concluding contracts electronically, the termination is made possible in this way”. This is the case for operators, electricity or gas suppliers, insurers, transport companies, mutual insurance companies, newspaper publishers, dating sites, sports halls, etc. In addition, a draft decree defines the contours of this so-called “three-click” termination – but it must still be published in the Official Journal to officially come into force.
Termination law in three clicks: breaking a contract more easily
A draft decree consulted by the Argus, specifies the terms of access and use of the electronic cancellation function. The first article of the text provides for the insertion of an article D. 113-7, which stipulates thate “the functionality of notification of the termination of the contract provided for in II of Article L. 113-14 is presented to the subscriber under the words Terminate your contract or an unambiguous similar formula, displayed in legible characters”. While this function must be directly and easily accessible from the online interface made available to subscribers, the text leaves companies some leeway because the notion of interface is not clearly defined. It can for example refer to the insurer’s website, to its mobile application or to the personalized area of the insured, for example.
According to the new regulations, the process can be carried out online, via a clearly identified “Termination” button allowing the termination of a contract, whether the subscription was taken online or in other forms. Concretely, the customer will have to access his personal space, then the management of his account and finally the button to cancel his subscription, which makes a maximum of three clicks to carry out the procedure. The draft decree specifies that the insured who wants to terminate his contract accesses a form in which he must enter his identity – so that the organization can identify him and be sure that the request emanates from the subscriber – as well as the reason of the termination. According to the Argus, the preliminary decree draws up a list of the information to be provided rather precise and limiting.
This is a blow for companies, which risk seeing waves of unsubscribes surge. Some rely on complicated cancellation terms to retain their users. Their goal is to dissuade as many customers as possible from abandoning their service or to impose long processing times for the file in order to continue to collect a few additional monthly payments. But that time will soon be over! But beware, if the rules simplify the way, they do not change the obligations in terms of subscription. It is therefore necessary to pay attention to the commitment periods and the cancellation fees!