                                 CODE OF VIRGINIA

MAKING AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER TO CONSUMER; AFFIRMATIVE
CONSENT REQUIRED; DISCLOSURES; PROHIBITED CONDUCT (§ 59.1-207.46)

A. No supplier making an automatic renewal or continuous service offer to a
consumer in the Commonwealth shall do any of the following:

   1. 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.

   2. Prior to the completion of the initial order for the automatic renewal or
   continuous service, charge the consumer&#8217;s credit or debit card or the
   consumer&#8217;s account with a third party for an automatic renewal or
   continuous service without first obtaining the consumer&#8217;s affirmative
   consent to the agreement containing the automatic renewal offer terms or
   continuous service offer terms.

   3. 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.

B. 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.

C. 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.

D. 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.

E. 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.

HISTORY: 2018, c. 704; 2022, c. 557; 2023, c. 688; 2024, c. 452.