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HB911

Automatic renewal offers and continuous service offers; penalties.

Status:
Enacted

Chief Patron:
Marcus Simon (D)

Session:
2018 Regular Session

Summary

As Passed Both Chambers. Automatic renewal offers and continuous service offers; penalties.

Prohibits a supplier making an automatic renewal or continuous service offer to a consumer in the Commonwealth from (i) failing to present the automatic renewal or continuous service offer terms in a clear and conspicuous manner, (ii) charging the consumer for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent, and (iii) failing 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. In the case of a material change in the terms of the automatic renewal or continuous service offer, the bill requires the supplier to provide the consumer with a clear and conspicuous notice of the material change and information regarding how to cancel. The measure provides that in any case in which a supplier sends any goods, wares, merchandise, or products to a consumer under a continuous service agreement or automatic renewal of a purchase without first obtaining the consumer's affirmative consent, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer. The bill exempts certain services and businesses from its provisions. A violation is a prohibited practice under the Virginia Consumer Protection Act, though a supplier is not subject to civil penalties or damages if the supplier makes a good faith effort to comply with the measure's requirements. The measure has a delayed effective date of January 1, 2019. (Less)

  • Bill History

  • 01/09/2018 - House: Prefiled and ordered printed; offered 01/10/18 18100614D
  • 01/09/2018 - House: Referred to Committee on Commerce and Labor
  • 01/17/2018 - House: Impact statement from DPB (HB911)
  • 01/30/2018 - House: Assigned C & L sub: Subcommittee #3
  • 02/06/2018 - House: Subcommittee recommends reporting (5-Y 1-N)
  • 02/08/2018 - House: Reported from Commerce and Labor (20-Y 1-N)
  • 02/10/2018 - House: Read first time
  • 02/12/2018 - House: Read second time and engrossed
  • 02/13/2018 - House: Read third time and passed House (99-Y 0-N)
  • 02/13/2018 - House: VOTE: PASSAGE (99-Y 0-N)
  • 02/14/2018 - Senate: Constitutional reading dispensed
  • 02/14/2018 - Senate: Referred to Committee on Commerce and Labor
  • 02/19/2018 - Senate: Reported from Commerce and Labor with substitute (12-Y 0-N)
  • 02/19/2018 - Senate: Committee substitute printed 18107179D-S1
  • 02/21/2018 - House: Impact statement from DPB (HB911S1)
  • 02/21/2018 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/22/2018 - Senate: Read third time
  • 02/22/2018 - Senate: Reading of substitute waived
  • 02/22/2018 - Senate: Committee substitute agreed to 18107179D-S1
  • 02/22/2018 - Senate: Engrossed by Senate - committee substitute HB911S1
  • 02/22/2018 - Senate: Passed Senate with substitute (40-Y 0-N)
  • 02/26/2018 - House: Placed on Calendar
  • 02/26/2018 - House: Senate substitute rejected by House 18107179D-S1 (1-Y 97-N)
  • 02/26/2018 - House: VOTE: REJECTED (1-Y 97-N)
  • 02/28/2018 - Senate: Senate insisted on substitute (40-Y 0-N)
  • 02/28/2018 - Senate: Senate requested conference committee
  • 03/01/2018 - House: House acceded to request
  • 03/01/2018 - House: Conferees appointed by House
  • 03/01/2018 - House: Delegates: Simon, O'Quinn, Habeeb
  • 03/02/2018 - Senate: Conferees appointed by Senate
  • 03/02/2018 - Senate: Senators: McDougle, Stanley, Dance
  • 03/06/2018 - Conference: Amended by conference committee
  • 03/07/2018 - Senate: Conference report agreed to by Senate (39-Y 0-N)
  • 03/08/2018 - House: Conference report agreed to by House (96-Y 0-N)
  • 03/08/2018 - House: VOTE: ADOPTION (96-Y 0-N)
  • 03/10/2018 - House: Enrolled
  • 03/10/2018 - House: Bill text as passed House and Senate (HB911ER)
  • 03/10/2018 - House: Signed by Speaker
  • 03/12/2018 - House: Impact statement from DPB (HB911ER)
  • 03/12/2018 - Senate: Signed by President
  • 03/20/2018 - House: Enrolled Bill communicated to Governor on March 20, 2018
  • 03/20/2018 - Governor: Governor's Action Deadline Midnight, April 9, 2018
  • 03/30/2018 - Governor: Approved by Governor-Chapter 704 (effective 1/1/19)
  • 03/30/2018 - Governor: Acts of Assembly Chapter text (CHAP0704)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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