[sago]

Yes, they are providing a service: access to their content. Whether you read it or not is not their fault.

It's a silly situation that arises because of the (almost) zero marginal cost of providing digital media. It makes sense in the physical world: you can't claim your money back because you didn't read the magazine they sent. But these laws are much the same in the virtual world.

If they provided and you agreed to a way to cancel, and you don't use that way, they are totally within their rights to continue (passively) providing access, and charging for it. In perpetuity, yes.

[alphapapa]

An analogy to a magazine subscription would be a for-pay email newsletter. In that case, if the newsletter was sent, obviously the company is owed.

But in the case of a passive web site subscription, if the customer stops accessing the site and stops the method of payment, no services have been rendered, and no cost has been incurred by the company. Web server logs could even prove this (although the company could also falsify them).

So a better analogy would probably be a gym membership. Imagine a gym refuses to allow a customer to cancel in-person or on the phone, instead requiring the customer to mail a letter. So a customer, justifiably angry at this, calls his bank or credit card and stops future payments, and never sets foot in the gym again. Now, no services have been rendered after that date, and no costs have been incurred by the gym. They are owed nothing--if not legally in all jurisdictions, then ethically and morally, and therefore legally it should be the same.

I would like to see this tested in court, even a small claims court. In the case of a company intentionally making it difficult and time-consuming to unsubscribe, and a customer cancelling the payment method due to that difficulty, I have a feeling that most judges would side with the former customer. And as has been pointed out, in many places this is not legal, and I would not be surprised if that included several U.S. states.

[sago]

> if not legally in all jurisdictions

Yep, you'd be screwed there too. If your agreement with the gym said you would unsubscribe by mail, and you just stop paying without doing so, they could recover the money.

Gyms make their money by having people pay without using the gym, so they wouldn't care that they aren't 'rendering services'. That's a big reason many companies, and most gyms, use subscriptions.

You could fight it in court if you want to. You might even win. You might even win the following battle to recover your credit score. But all that's going to be a lot more of a hassle than picking up the phone and cancelling in the first place. It takes a special kind of person to willfully seek such a pyrrhic victory.