{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-207.46.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-207.46.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-207.46.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-207.46.html"}],"law_id":79775,"edition_id":1,"section_id":79775,"structure_id":14607,"section_number":"59.1-207.46","catch_line":"Making automatic renewal or continuous service offer to consumer; affirmative consent required; disclosures; prohibited conduct","history":"2018, c. 704; 2022, c. 557; 2023, c. 688; 2024, c. 452.","full_text":"A\n\nNo supplier making an automatic renewal or continuous service offer to a consumer in the Commonwealth shall do any of the following:1\n\nPrior to the completion of the initial order for the automatic renewal or continuous service, fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before the consumer becomes obligated on the automatic renewal or continuous service offer and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer.2\n\nPrior to the completion of the initial order for the automatic renewal or continuous service, charge the consumer’s credit or debit card or the consumer’s account with a third party for an automatic renewal or continuous service without first obtaining the consumer’s affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms.3\n\nFail to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the offer includes a free trial, the supplier shall also disclose in the acknowledgment how to cancel the free trial before the consumer pays or becomes obligated to pay for the goods or services.B\n\nA supplier making automatic renewal or continuous service offers shall provide a toll-free telephone number, an electronic mail address, a postal address only when the supplier directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgment specified in subdivision A 3. Each supplier making automatic renewal or continuous service offers through an online website shall make available a conspicuous online option to cancel a recurring purchase of a good or service.C\n\nIn the case of a material change in the terms of the automatic renewal or continuous service offer that has been accepted by a consumer in the Commonwealth, the supplier shall, prior to implementation of the material change, provide the consumer with a clear and conspicuous notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by the consumer.D\n\nA supplier making automatic renewal or continuous service offers that include a free trial lasting more than 30 days shall, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services.E\n\nA supplier making automatic renewal or continuous service offers that will automatically renew after a period of more than 30 days and extend the automatic renewal or continuous service offer for a period of more than 12 months shall notify the consumer of his option to cancel the automatic renewal or continuous service offer no less than 30 days and no more than 60 days before the cancellation deadline or the end of the current contract term. Such notice shall conspicuously disclose (i) that the automatic renewal or continuous service offer will automatically renew unless the consumer cancels, (ii) the date by which the consumer must cancel to avoid automatic renewal or continuous service, (iii) the method by which the consumer may cancel, and (iv) a copy of the automatic renewal or continuous service offer provisions.","order_by":null,"text":{"0":{"id":285830,"text":"No supplier making an automatic renewal or continuous service offer to a consumer in the Commonwealth shall do any of the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":285831,"text":"Prior to the completion of the initial order for the automatic renewal or continuous service, fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before the consumer becomes obligated on the automatic renewal or continuous service offer and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":285832,"text":"Prior to the completion of the initial order for the automatic renewal or continuous service, charge the consumer’s credit or debit card or the consumer’s account with a third party for an automatic renewal or continuous service without first obtaining the consumer’s affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":285833,"text":"Fail to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the offer includes a free trial, the supplier shall also disclose in the acknowledgment how to cancel the free trial before the consumer pays or becomes obligated to pay for the goods or services.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":285834,"text":"A supplier making automatic renewal or continuous service offers shall provide a toll-free telephone number, an electronic mail address, a postal address only when the supplier directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgment specified in subdivision A 3. Each supplier making automatic renewal or continuous service offers through an online website shall make available a conspicuous online option to cancel a recurring purchase of a good or service.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":285835,"text":"In the case of a material change in the terms of the automatic renewal or continuous service offer that has been accepted by a consumer in the Commonwealth, the supplier shall, prior to implementation of the material change, provide the consumer with a clear and conspicuous notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by the consumer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":285836,"text":"A supplier making automatic renewal or continuous service offers that include a free trial lasting more than 30 days shall, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":285837,"text":"A supplier making automatic renewal or continuous service offers that will automatically renew after a period of more than 30 days and extend the automatic renewal or continuous service offer for a period of more than 12 months shall notify the consumer of his option to cancel the automatic renewal or continuous service offer no less than 30 days and no more than 60 days before the cancellation deadline or the end of the current contract term. Such notice shall conspicuously disclose (i) that the automatic renewal or continuous service offer will automatically renew unless the consumer cancels, (ii) the date by which the consumer must cancel to avoid automatic renewal or continuous service, (iii) the method by which the consumer may cancel, and (iv) a copy of the automatic renewal or continuous service offer provisions.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14607,"edition_id":1,"name":"Automatic Renewal Offers And Continuous Service Offers","identifier":"17.8","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:48:51","date_modified":"2026-06-26 03:48:51","permalink":{"id":260035,"object_type":"structure","relational_id":14607,"identifier":"17.8","token":"59.1\/17.8","url":"\/59.1\/17.8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79809,"structure_id":14607,"section_number":"59.1-207.45","catch_line":"Definitions","url":"\/59.1-207.45\/","token":"59.1\/17.8\/59.1-207.45","metadata":false},{"id":79775,"structure_id":14607,"section_number":"59.1-207.46","catch_line":"Making automatic renewal or continuous service offer to consumer; affirmative consent required; disclosures; prohibited conduct","url":"\/59.1-207.46\/","token":"59.1\/17.8\/59.1-207.46","metadata":false},{"id":56120,"structure_id":14607,"section_number":"59.1-207.47","catch_line":"When goods, wares, merchandise, or products deemed a gift","url":"\/59.1-207.47\/","token":"59.1\/17.8\/59.1-207.47","metadata":false},{"id":59010,"structure_id":14607,"section_number":"59.1-207.48","catch_line":"Exemptions","url":"\/59.1-207.48\/","token":"59.1\/17.8\/59.1-207.48","metadata":false},{"id":78052,"structure_id":14607,"section_number":"59.1-207.49","catch_line":"Enforcement; penalties","url":"\/59.1-207.49\/","token":"59.1\/17.8\/59.1-207.49","metadata":false}],"previous_section":{"id":79809,"structure_id":14607,"section_number":"59.1-207.45","catch_line":"Definitions","url":"\/59.1-207.45\/","token":"59.1\/17.8\/59.1-207.45","metadata":false},"next_section":{"id":56120,"structure_id":14607,"section_number":"59.1-207.47","catch_line":"When goods, wares, merchandise, or products deemed a gift","url":"\/59.1-207.47\/","token":"59.1\/17.8\/59.1-207.47","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-207.46\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapter 704<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2022, chapter 557<\/a>; in 2023, chapter 688<\/a>; in 2024, chapter 452<\/a>.<\/p>","references":[{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"},{"id":56120,"section_number":"59.1-207.47","catch_line":"When goods, wares, merchandise, or products deemed a gift","order_by":null,"url":"\/59.1-207.47\/"}],"refers_to":false,"permalink":{"id":260041,"object_type":"law","relational_id":79775,"identifier":"59.1-207.46","token":"59.1\/17.8\/59.1-207.46","url":"\/59.1-207.46\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-207.46\/","token":"59.1\/17.8\/59.1-207.46","dublin_core":{"Title":"Making automatic renewal or continuous service offer to consumer; affirmative consent required; disclosures; prohibited conduct","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-207.46","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No supplier making an automatic renewal<\/span> or continuous service<\/span> offer to a consumer<\/span> in the Commonwealth shall do any of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Prior to the completion of the initial order<\/span> for the automatic renewal or continuous service<\/span>, fail to present the automatic renewal offer terms<\/span> or continuous service<\/span> offer terms in a clear and conspicuous<\/span> manner before the consumer<\/span> becomes obligated on the automatic renewal or continuous service<\/span> offer and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prior to the completion of the initial order<\/span> for the automatic renewal or continuous service<\/span>, charge the consumer<\/span>’s credit or debit card or the consumer<\/span>’s account with a third party<\/span> for an automatic renewal or continuous service<\/span> without first obtaining the consumer<\/span>’s affirmative consent to the agreement containing the automatic renewal offer terms<\/span> or continuous service<\/span> offer terms. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Fail to provide an acknowledgment that includes the automatic renewal or continuous service<\/span> offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer<\/span>. If the offer includes a free trial<\/span>, the supplier shall also disclose in the acknowledgment how to cancel the free trial<\/span> before the consumer<\/span> pays or becomes obligated to pay for the goods or services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A supplier making automatic renewal or continuous service<\/span> offers shall provide a toll-free telephone number, an electronic mail address, a postal address only when the supplier directly bills the consumer<\/span>, or another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgment specified in subdivision A 3. Each supplier making automatic renewal or continuous service<\/span> offers through an online website shall make available a conspicuous online option to cancel a recurring purchase of a good or service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the case of a material<\/span> change in the terms of the automatic renewal or continuous service<\/span> offer that has been accepted by a consumer<\/span> in the Commonwealth, the supplier shall, prior to implementation of the material<\/span> change, provide the consumer<\/span> with a clear and conspicuous<\/span> notice of the material<\/span> change and provide information regarding how to cancel in a manner that is capable of being retained by the consumer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A supplier making automatic renewal or continuous service<\/span> offers that include a free trial<\/span> lasting more than 30 days shall, within 30 days of the end of any such free trial<\/span>, notify the consumer<\/span> of his option to cancel the free trial<\/span> before the end of the trial<\/span> period to avoid an obligation to pay for the goods or services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A supplier making automatic renewal or continuous service<\/span> offers that will automatically renew after a period of more than 30 days and extend the automatic renewal or continuous service<\/span> offer for a period of more than 12 months shall notify the consumer<\/span> of his option to cancel the automatic renewal or continuous service<\/span> offer no less than 30 days and no more than 60 days before the cancellation deadline or the end of the current contract<\/span> term. Such notice shall conspicuously disclose (i) that the automatic renewal or continuous service<\/span> offer will automatically renew unless the consumer<\/span> cancels, (ii) the date by which the consumer<\/span> must cancel to avoid automatic renewal or continuous service<\/span>, (iii) the method by which the consumer<\/span> may cancel, and (iv) a copy of the automatic renewal or continuous service<\/span> offer provisions. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMAKING AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER TO CONSUMER; AFFIRMATIVE\nCONSENT REQUIRED; DISCLOSURES; PROHIBITED CONDUCT (\u00a7 59.1-207.46)\n\nA. No supplier making an automatic renewal or continuous service offer to a\nconsumer in the Commonwealth shall do any of the following:\n\n 1. Prior to the completion of the initial order for the automatic renewal or\n continuous service, fail to present the automatic renewal offer terms or\n continuous service offer terms in a clear and conspicuous manner before the\n consumer becomes obligated on the automatic renewal or continuous service\n offer and in visual proximity, or in the case of an offer conveyed by voice,\n in temporal proximity, to the request for consent to the offer.\n\n 2. Prior to the completion of the initial order for the automatic renewal or\n continuous service, charge the consumer’s credit or debit card or the\n consumer’s account with a third party for an automatic renewal or\n continuous service without first obtaining the consumer’s affirmative\n consent to the agreement containing the automatic renewal offer terms or\n continuous service offer terms.\n\n 3. Fail to provide an acknowledgment that includes the automatic renewal or\n continuous service offer terms, cancellation policy, and information regarding\n how to cancel in a manner that is capable of being retained by the consumer.\n If the offer includes a free trial, the supplier shall also disclose in the\n acknowledgment how to cancel the free trial before the consumer pays or\n becomes obligated to pay for the goods or services.\n\nB. A supplier making automatic renewal or continuous service offers shall\nprovide a toll-free telephone number, an electronic mail address, a postal\naddress only when the supplier directly bills the consumer, or another\ncost-effective, timely, and easy-to-use mechanism for cancellation that shall be\ndescribed in the acknowledgment specified in subdivision A 3. Each supplier\nmaking automatic renewal or continuous service offers through an online website\nshall make available a conspicuous online option to cancel a recurring purchase\nof a good or service.\n\nC. In the case of a material change in the terms of the automatic renewal or\ncontinuous service offer that has been accepted by a consumer in the\nCommonwealth, the supplier shall, prior to implementation of the material\nchange, provide the consumer with a clear and conspicuous notice of the material\nchange and provide information regarding how to cancel in a manner that is\ncapable of being retained by the consumer.\n\nD. A supplier making automatic renewal or continuous service offers that include\na free trial lasting more than 30 days shall, within 30 days of the end of any\nsuch free trial, notify the consumer of his option to cancel the free trial\nbefore the end of the trial period to avoid an obligation to pay for the goods\nor services.\n\nE. A supplier making automatic renewal or continuous service offers that will\nautomatically renew after a period of more than 30 days and extend the automatic\nrenewal or continuous service offer for a period of more than 12 months shall\nnotify the consumer of his option to cancel the automatic renewal or continuous\nservice offer no less than 30 days and no more than 60 days before the\ncancellation deadline or the end of the current contract term. Such notice shall\nconspicuously disclose (i) that the automatic renewal or continuous service\noffer will automatically renew unless the consumer cancels, (ii) the date by\nwhich the consumer must cancel to avoid automatic renewal or continuous service,\n(iii) the method by which the consumer may cancel, and (iv) a copy of the\nautomatic renewal or continuous service offer provisions.\n\nHISTORY: 2018, c. 704; 2022, c. 557; 2023, c. 688; 2024, c. 452.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}