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HB21-1239

Protections In Consumer Sales Transactions

Concerning adding protections for consumers who purchase certain items.
Session:
2021 Regular Session
Subject:
Crimes, Corrections, & Enforcement
Bill Summary

Each contract for a dating, matrimonial, or personal referral service (social referral service) must provide that the buyer may cancel the contract by providing written notice to the seller within 3 business days after the date upon which the buyer receives a copy of the written contract or the date upon which the social referral service is made available to the buyer, whichever is later.

A seller of a social referral service must disclose to buyers certain information regarding the buyers' right to cancel the service. A seller that receives a timely notice of cancellation from a buyer must refund to the buyer all money paid by the buyer pursuant to the contract within 10 business days after receiving the notice of cancellation.

A person that makes an automatic renewal offer to a consumer in this state must:

  • Present the terms in a clear and conspicuous manner;
  • Obtain the consumer's affirmative consent to the agreement before charging the consumer;
  • Provide the consumer a written acknowledgment that includes the offer terms, the cancellation policy, and information regarding how to cancel; and
  • Provide a simple, cost-effective, timely, and easy-to-use mechanism for canceling the agreement.

A person that sells a good or service to a consumer pursuant to a contract with an initial term of 12 months, which contract will automatically renew for any additional term, must notify the consumer of the automatic renewal at least 30 days and no more than 60 days before the cancellation deadline for the first automatic renewal and each subsequent automatic renewal.

A person that sells a consumer a contract with a trial period offer, which contract will renew at the end of a trial period offer, shall:

  • Notify the consumer of the automatic renewal at least 15 and no more than 30 days before the expiration of the trial period offer; and
  • Obtain the consumer's affirmative consent to the automatic renewal before charging the consumer for the automatic renewal.

The bill exempts certain persons from the new provisions concerning automatic renewal offers.


(Note: This summary applies to this bill as introduced.)

Status

Introduced
Under Consideration

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Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Rep. A. Boesenecker, Rep. C. Kipp
Sen. R. Rodriguez

Sponsor

Co-sponsor

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