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I'm reading the terms of use for Gogo Inflight, and in the part about refunds it says they aren't going to prorate your service if you cancel, then it says, "subject to applicable laws."

Are there any federal or state (Massachusetts) laws that force a service provider to prorate the cost or do a refund for the difference of the unused service?

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    Followup: how would state commerce laws be applied to an airplane?
    – Jordan Bentley
    Commented Jul 7, 2015 at 18:28
  • I would guess that it had to do with billing address. I honestly do not know though. Perhaps only federal laws apply?
    – Carlos Bribiescas
    Commented Jul 7, 2015 at 19:44
  • @JordanBentley See Morales v. Trans World Airlines. It appears that practically all state consumer protection rights don't apply to airlines. International flights would fall under the Tokyo Convention hinting that airlines are purely regulated federally in the US. As far as in-flight services rendered by a third party, it looks like state laws may still apply though. Gogo contracts with several airlines to provide the service, so they wouldn't be regulated in the same way.
    – BlueBuddy
    Commented Jul 7, 2015 at 21:33

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There are consumer protection laws regarding automatic renewal of subscriptions, such terms have to be clear and noticeable to the consumer. See e.g., Gregory Ingalls et al v. Spotify USA Inc., 3:16-cv-03533, No. 39 (N.D.Cal. Nov. 14, 2016).

I'd have to see more of Gogo's Terms of Service, but it's possible that's what a provision they are referring to. It's also possible that it's general boilerplate to cover any possible eventuality.

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