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The agreement authorizes Audible to charge recurring membership fees to the credit card on file automatically without advance notice to the user, unless the user cancels before the charge date or applicable law requires notice.
This analysis describes what Audible's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that automatic renewal charges may proceed without advance notification to the user, subject only to applicable law requirements. State automatic renewal statutes in California and other jurisdictions may impose disclosure and advance notice obligations that constrain this assertion.
Under this clause, the agreement authorizes recurring charges to the user's credit card on file without advance notice unless the user proactively cancels before the renewal date. Users who do not cancel in advance will be charged the then-applicable fee, which the agreement states may change at any time.
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"If your membership plan or subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes, using any credit card we have on record for you.Excerpt from Audible's Conditions of Use
1. REGULATORY LANDSCAPE: This provision engages the FTC's Negative Option Rule and California's Automatic Renewal Law (Business and Professions Code sections 17600 et seq.), both of which impose affirmative disclosure and advance notice requirements for recurring charges. The FTC Act Section 5 is the primary federal enforcement authority. The clause's statement that charges occur without notice unless required by applicable law acknowledges potential legal constraints but does not specify the disclosure mechanisms employed. 2. GOVERNANCE EXPOSURE: High. The provision asserts authority to charge without advance notice, which conflicts with California's Automatic Renewal Law requirements for clear and conspicuous renewal disclosures and advance notice of material changes to subscription terms. FTC enforcement actions against negative option subscription programs have resulted in significant penalties, and this provision's structure may warrant regulatory review. 3. JURISDICTION FLAGS: California creates the highest exposure given its specific Automatic Renewal Law requirements. New York, Illinois, and other states with automatic renewal statutes also create heightened compliance obligations. EU/EEA users may be entitled to additional protections under consumer contracts directives. The provision's carve-out for applicable law does not specify how compliance is operationalized across jurisdictions. 4. CONTRACT AND VENDOR IMPLICATIONS: The provision authorizes a third party through which the user transacts to process the recurring charge without notice, which may implicate payment processor agreements and vendor data-sharing arrangements. Procurement teams reviewing payment processor contracts should confirm alignment with the notice and disclosure obligations imposed by applicable state automatic renewal laws. 5. COMPLIANCE CONSIDERATIONS: Legal and compliance teams should audit current renewal disclosure mechanisms, including point-of-sale disclosures and pre-renewal notice practices, against California Automatic Renewal Law requirements and the FTC Negative Option Rule. The provision's statement that fees may change at any time should be evaluated against requirements in multiple jurisdictions for advance notice of fee changes in recurring subscription contexts.
This provision establishes that automatic renewal charges may proceed without advance notification to the user, subject only to applicable law requirements. State automatic renewal statutes in California and other jurisdictions may impose disclosure and advance notice obligations that constrain this assertion.
Under this clause, the agreement authorizes recurring charges to the user's credit card on file without advance notice unless the user proactively cancels before the renewal date. Users who do not cancel in advance will be charged the then-applicable fee, which the agreement states may change at any time.
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