It took one click to sign up. Now cancelling means navigating six menus, a “retention specialist” who won’t take no for an answer, a phone line with a two-hour wait, and a cancel button that mysteriously doesn’t work. Meanwhile the monthly charge keeps landing on your card.
This isn’t an accident. Subscription traps are a business model. The company is betting that friction beats your patience. The good news: Australian law is increasingly on your side, and there’s a fast way to force the issue.
Your rights
The Australian Consumer Law gives you several tools against subscription traps:
- Unfair contract terms (ss 23–28 ACL). Terms that auto-renew without meaningful notice, lock you into long terms after a “free trial”, or let the business change prices at will while you can’t leave can be declared void. Since 9 November 2023, businesses face penalties for including unfair terms in standard-form contracts.
- Misleading or deceptive conduct (s 18 ACL) and false representations (s 29 ACL). If the sign-up page buried the recurring charge, misdescribed the trial length, or pre-ticked an upsell, the company may have engaged in misleading conduct. The ACCC has taken enforcement action against exactly this kind of “dark pattern”.
- Unsolicited supply (ss 40–43 ACL). You are not liable to pay for goods or services you didn’t agree to receive. If the subscription was added without your clear consent, you can refuse to pay and demand a refund.
- Consumer guarantees (ss 60–62 ACL). Services must be provided with due care and skill and be fit for purpose. A service you can’t use or that doesn’t work as promised can be cancelled for a major failure with a refund.
And crucially: you control your payment method. You can instruct your bank to block a merchant’s recurring charges, and for card payments you can request a chargeback under the card scheme rules if the merchant charged you without valid authority.
What to do right now
- Screenshot everything. The sign-up page, the terms, the trial offer, the cancel button that doesn’t work, the chat transcript with the retention agent. Dates and times matter.
- Cancel in writing, not just in the app. Find a support email or contact form. State plainly: “I cancel this subscription effective immediately. Confirm in writing. Do not charge my card again.” Keep a copy.
- Add up the charges you’re owed. Every debit after your first attempt to cancel is money you’re entitled to demand back. Include charges from a “trial” you never consented to convert.
- Call your bank. Ask to block future charges from that merchant and, if the charges were unauthorised or continued after cancellation, request a chargeback. Banks have 120 days from the transaction under most scheme rules, so don’t sit on this.
- Send a Letter of Demand. A formal letter that names the ACL provisions, sets out the timeline, states the amount, and gives a 14-day deadline moves your complaint from a support ticket into something the company’s legal or compliance team must look at. Many companies have a policy of paying out demands that reference unfair contract terms because they know the ACCC is watching.
- Escalate. Report to the ACCC (they track patterns), complain to your state fair trading body, and if needed file at your state civil tribunal. For overseas companies, a chargeback plus an ACCC report is usually your most effective combination.
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The tricks they use (and how to beat each one)
- “You can only cancel by phone.” There’s no law requiring you to cancel by phone. Send written notice anyway. If they claim it wasn’t received, your sent email is proof; their phone queue isn’t.
- “Your cancellation takes effect at the end of the next billing cycle.” Sometimes legitimate if clearly disclosed at sign-up, but it never justifies more than one further charge. Two or more post-cancellation charges are a refund claim.
- “The free trial converted automatically.” If the conversion date, price, and cancellation method weren’t clear and prominent when you signed up, the conversion is arguably an unsolicited supply and the charges are refundable.
- “We’ve paused your account instead.” A pause is not a cancellation. Restate in writing that you require cancellation, not a pause.
- “Our terms say no refunds.” Terms don’t override the ACL. A no-refund clause in a subscription that you couldn’t cancel is exactly what the unfair terms regime exists for.
- “Contact the app store.” If you subscribed through Apple or Google, you can indeed request a refund through them, and they’re often quicker. But the merchant is still responsible under the ACL for the service.
Larger refunds (a year of ignored cancellations, for example) may take a tribunal filing, which costs you under $100 and usually settles before the hearing.
Who to complain to
ACCC for the pattern of conduct (report online). State fair trading (NSW Fair Trading, Consumer Affairs Victoria, Queensland OFT, etc.) for conciliation. If your bank refuses a legitimate chargeback, AFCA. For telco subscriptions (streaming bundled with a phone plan, for example), the Telecommunications Industry Ombudsman (TIO).
Start your claim — $29
Claim Done drafts your Cancellation Letter in about 5 minutes for $29. Tell us what happened — we handle the legal language.
You approve it before anything is sent.
What changes when it is in writing
Same situation, said once and clearly.
Getting it drafted
Can I have a Cancel a Subscription or Membership drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Cancel a Subscription or Membership from the answers you give about your situation for a flat $29 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=subscription-cancellation-letter. Claim Done is not a law firm and does not give legal advice.
How much does a Cancel a Subscription or Membership cost, and how long does it take?
$29 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Cancel a Subscription or Membership in Australia?
No. There is no legal requirement to use a solicitor to write or send a Cancel a Subscription or Membership; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Cancel a Subscription or Membership template doesn't?
It drafts the Cancel a Subscription or Membership from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.