House Bill 1653

AN ACT TO REQUIRE BUSINESSES THAT MAKE AUTOMATIC RENEWAL OFFERS OR CONTINUOUS SERVICE OFFERS TO CONSUMERS TO PRESENT THE TERMS OF SUCH AUTOMATIC RENEWALS OR CONTINUOUS SERVICE OFFERS IN A CLEAR AND CONSPICUOUS MANNER BEFORE THE SUBSCRIPTION OR PURCHASING AGREEMENT IS FULFILLED; TO PROHIBIT THE CHARGING OF A CONSUMER'S CREDIT OR DEBIT CARD, OR ACCOUNT WITH A THIRD PARTY, FOR AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE WITHOUT FIRST OBTAINING THE CONSUMER'S AFFIRMATIVE CONSENT TO THE AGREEMENT; TO PRESCRIBE THE METHODS BY WHICH A BUSINESS SHALL PROVIDE CONSUMERS WITH THE ABILITY TO CANCEL ANY AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER; TO REQUIRE BUSINESS 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, AT WILL, AND WITHOUT ENGAGING ANY FURTHER STEPS THAT OBSTRUCT OR DELAY THE CONSUMER'S ABILITY TO TERMINATE THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE IMMEDIATELY; TO REQUIRE THOSE BUSINESSES TO PROVIDE A METHOD OF TERMINATION THAT IS EITHER ONLINE IN THE FORM OF A PROMINENTLY LOCATED DIRECT LINK OR BUTTON TO CANCEL OR BY A TERMINATION EMAIL; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) It shall be unlawful for any business that makes an automatic renewal offer or continuous service offer to a consumer in this state to do any of the following:

(a) Fail 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 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 shall 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) 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, 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; and

(c) Fail to 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.

(2) 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, a prominently located direct link or button clearly denoting the option to cancel the subscription, or it shall provide another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgment specified in subsection (1)(c).

(3) In addition to the requirements of subsection (2), a consumer who accepts an automatic renewal or continuous service offer online shall be allowed 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.

(4) In the case 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.

(5) The requirements of this act shall apply only before the completion of the initial order for the automatic renewal or continuous service, except as follows:

(a) The requirement prescribed in subsection (1)(c) may be fulfilled after completion of the initial order.

(b) The requirement in subsection (4) shall be fulfilled before the implementation of the material change.

SECTION 2. (1) It is unlawful for any business that makes an automatic renewal offer or continuous service offer to a consumer in this state to do any of the following:

(d) Fail to provide a consumer with a notice, as may be required by subsection (2), that clearly and conspicuously states all of the following:

(i) That the automatic renewal or continuous service will automatically renew unless the consumer cancels;

(ii) The length and any additional terms of the renewal period;

(iii) One or more methods by which a consumer can cancel the automatic renewal or continuous service;

(iv) If the notice is sent electronically, the notice shall include either a link that directs the consumer to the cancellation process, or another reasonably accessible electronic method that directs the consumer to the cancellation process if no link exists; and

(v) Contact information for the business.

(2) A business shall provide a consumer with a notice as specified in subsection (1)(d) if either of the following is true, provided that if an automatic renewal offer or a continuous service offer requires a notice under both paragraphs (a) and (b) of this subsection, only the notice specified in paragraph (b) shall be required:

(a) The consumer accepted a free gift or trial, lasting for more than thirty-one (31) days, that was included in an automatic renewal offer or continuous service offer or the consumer accepted an automatic renewal offer or continuous service offer at a promotional or discounted price, and the applicability of that price was more than thirty-one (31) days.

(i) The notice shall be provided at least three (3) days before and at most twenty-one (21) days before the expiration of the predetermined period of time for which the free gift or trial, or promotional or discounted price, applies;

(ii) An offer shall be exempt from the requirements under this paragraph if the consumer does not enter into the contract electronically and the business has not collected or maintained the consumer's valid email address, phone number, or another means of notifying the consumer electronically.

(iii) For purposes of this paragraph, "free gift" does not include a free promotional item or gift given by the business that differs from the subscribed product; or

(b) The consumer accepted an automatic renewal offer or continuous service offer with an initial term of one (1) year or longer, that automatically renews unless the consumer cancels the automatic renewal or continuous service. In this case, the notice shall be provided at least fifteen (15) days and not more than forty-five (45) days before the automatic renewal offer or continuous service offer renews.

(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 it shall provide another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgment specified in subsection (1)(c).

(4) (a) In addition to the requirements of subsection (2), a business that allows a consumer to accept an automatic renewal or continuous service offer online shall allow a consumer to terminate the automatic renewal or continuous service exclusively online, at will, and without engaging any further steps that obstruct or delay the consumer's ability to terminate the automatic renewal or continuous service immediately. The business shall provide a method of termination that is online in the form of either of the following:

(i) A prominently located direct link or button which may be located within either a customer account or profile, or within either device or user settings; or

(ii) By an immediately accessible termination email formatted and provided by the business that a consumer can send to the business without additional information.

(b) The termination requirements of this subsection apply to the automatic renewal terms and continuous service terms of the contract and the remaining provisions of the contract continue to be governed by all applicable laws and regulations.

(c) Notwithstanding paragraph (a), a business may require a consumer to enter account information or otherwise authenticate online before termination of the automatic renewal or continuous service online if the consumer has an account with the business. A consumer who is unwilling or unable to enter account information or otherwise authenticate online before termination of the automatic renewal or continuous service online shall not be precluded from authenticating or terminating the automatic renewal or continuous service offline using another method pursuant to subsection (3).

(5) In the case 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) The requirements of this article shall apply only before the completion of the initial order for the automatic renewal or continuous service, except as follows:

(a) The requirements of subsection (1)(c) and (d) may be fulfilled after completion of the initial order.

(b) The requirements in subsection (2) may be fulfilled after completion of the initial order.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.