MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Business and Commerce
By: Representative Yancey
AN ACT TO REQUIRE BUSINESSES THAT MAKE AN AUTOMATIC RENEWAL OFFER OR CONTINUOUS SERVICE OFFERS TO CONSUMERS TO PRESENT THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS SERVICE OFFER TERMS IN A CLEAR AND CONSPICUOUS MANNER BEFORE THE SUBSCRIPTION OR PURCHASING AGREEMENT IS FULFILLED; TO DEFINE THE TERMS "AFFIRMATIVE CONSENT", "CONSUMER" AND "SERVICE CONTRACT"; TO REQUIRE SUCH BUSINESSES TO OBTAIN THE CONSUMER'S AFFIRMATIVE CONSENT TO THE AGREEMENT CONTAINING THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS SERVICE OFFER TERMS BEFORE CHARGING THE CONSUMER'S CREDIT OR DEBIT CARD, OR THE CONSUMER'S ACCOUNT THROUGH A THIRD PARTY; TO REQUIRE BUSINESSES TO NOTIFY CONSUMERS OF A MATERIAL CHANGE IN THE TERMS OF THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE; TO REQUIRE THOSE BUSINESSES THAT ALLOW CONSUMERS TO ACCEPT AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER ONLINE TO ALSO ALLOW THE CONSUMERS TO TERMINATE THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE EXCLUSIVELY ONLINE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
(a) "Affirmative consent" means a clear, affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement to the automatic renewal offer terms or continuous service terms, and includes a written statement, including a statement written by electronic means, or an unambiguous affirmative action.
(b) "Consumer" means an individual who acquires goods or services for personal, family or household purposes.
(c) "Service contract" means a contract or agreement for a separately stated consideration for a specific duration to perform the service, repair, replacement or maintenance of property or indemnification for service, repair, replacement or maintenance, for the operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, towing, rental, road hazard and emergency road service. The term "service contract" also has the meaning of the term "vehicle service contract" as provided for in Section 83-65-103. Service contracts may provide for the service, repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling.
(2) A business that makes an automatic renewal offer or continuous service offer to a consumer in the State of Mississippi shall:
(a) Present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before the subscription or purchasing agreement is fulfilled 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. If the offer also includes a free gift or trial, the offer must include a clear and conspicuous explanation of the price that will be charged after the trial ends or the manner in which the subscription or purchasing agreement pricing will change upon conclusion of the trial;
(b) (i) Obtain the consumer's affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms, including the terms of an automatic renewal offer or continuous service offer that is made at a promotional or discounted price for a limited period of time, before charging the consumer's credit or debit card, or the consumer's account through a third party, for an automatic renewal offer or continuous service offer; and
(ii) If the automatic renewal will occur more than sixty (60) days after affirmative consent is obtained under subparagraph (b)(i) of this subsection, the entity with the direct billing relationship with the consumer must provide a clear and conspicuous notice to the consumer of when the business will charge the consumer for the automatic renewal or continuous service; and
(iii) Provide an acknowledgment that includes the automatic renewal offer terms 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 automatic renewal offer or continuous service offer includes a free gift or trial, the business shall also disclose in the acknowledgment how to cancel, and allow the consumer to cancel, the automatic renewal or continuous service before the consumer pays for the goods or services.
(3) A business that makes an automatic renewal offer or continuous service offer shall provide a toll-free telephone number, electronic mail address, a postal address if the seller directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation that must be described in the acknowledgment specified in subsection (2)(b)(iii).
(4) A business that allows a consumer to accept an automatic renewal or continuous service offer online shall allow the consumer to terminate the automatic renewal or continuous service exclusively online, which may include a termination email formatted and provided by the business that a consumer can send to the business without additional information.
(5) In the event of a material change in the terms of the automatic renewal or continuous service that has been accepted by a consumer in this state, the business shall 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.
(6) This section does not apply to the following:
(a) A state or national bank or trust company insured by the federal deposit insurance corporation or an operating subsidiary of that bank or trust company;
(b) A state or federal credit union insured by the national credit union administration;
(c) An individual or entity licensed by the department of financial institutions;
(d) A service provided by a business, or its affiliate, pursuant to:
(i) A franchise issued by a political subdivision of this state; or
(ii) A license, franchise, certificate, or other authorization issued by the Public Service Commission;
(e) An individual or business, or an affiliate of the individual or business, regulated by the Public Service Commission, the federal communications commission, or the federal energy regulatory commission;
(f) A business licensed under Title 83, Mississippi Code of 1972, or an affiliate of the business; or
(g) A person or entity providing service contracts, or an affiliate of the person or entity.
(7) If a business does not obtain a consumer's affirmative consent in accordance with subsection (2)(b)(i) and charges a consumer's credit or debit card, or the consumer's account through a third party, then the business shall refund the charge to the consumer, upon request by the consumer submitted within seven (7) days of the date on which the business charged the consumer's card or account.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026.