HB 744 — Consumer protection; automatic renewal or continuous service offers.
Last action — Acts of Assembly Chapter text (CHAP0452)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 04, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Consumer protection; automatic renewal or continuous service offers. Requires a supplier making automatic renewal or continuous service offers that automatically renew after more than 30 days and extend the automatic renewal or continuous service offer for a period of more than 12 months to notify the consumer, as defined in the bill, of the option to cancel no less than 30 days and no more than 60 days before the cancellation deadline or the end of the current contract term.
Bill Text
What changed in the latest version
300 added · 286 removedPlain-language change summary
The recent amendment to Bill HB 744 enhances consumer protection laws in Virginia by making it unlawful for suppliers to engage in various deceptive practices. Key changes include the addition of clear requirements for advertising concerning product condition and the removal of vague language regarding the misrepresentation of goods. These updates aim to empower consumers by ensuring they receive accurate information about the products and services they purchase, helping to prevent fraud and misleading business practices.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E452 An Act to amend and reenact §§ 59.1-200, 59.1-207.45, and 59.1-207.46 of the Code of Virginia, N relating to consumer protection;
R O [H 744] Approved LApril L4, 2024 Be it enacted by the General Assembly of Virginia:
That §§ 59.1-200, 59.1-207.45, and 59.1-207.46 of the Code of Virginia are amended and E reenacted as follows:
D§ A.59.1-200.
Prohibited practices.
A.
2.
Misrepresenting the source, sponsorship, approval, or certification of goods or services;
H 5.
Misrepresenting that goods or services have certain quantities, characteristics, ingredie7ts,ingredients, uses, or ben6.benefits;
6.
Advertising or offering for sale goods that are used, secondhand, repossessed, defective,Rdefective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects or "not first class";
In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision.
installed;representing10. that repairs, alterations, modifications, or services have been performed or parts 11.
Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
11.
Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth,ges,Commonwealth, or under federal statutes or regulations;
Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection wit15.with a consumer transaction;
15.
of 5 16.
Such disclosure shall be by means of a sign of 5 attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier.
of 5 41.
E 42.
N 44.
Rof 5 45.
46.
Violating the provisions of clause (i) of subsection B of § 54.1-1115;
of48. subsection B of § 54.1-1115;
O 48.
L 49.
There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of tEethe recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S.
51.
Violating any provision of Chapter 22 (§ 6.2-2200 et seq.) of Title 6.2;
Violating any provision of § 8.2-317.1;§8.2-317.1; 6.2-2200 et seq.) of Title 6.2;
Selling, offering for sale, or using in the construction, remodeling, or repair of any residential dwelling in the Commonwealth, any drywall that the supplier knows or has reason to know is defeHtivedefective drywall.
4 55.
Engaging in fraudulent or improper or dishonest conduct as defined in § 54.1-1118 while E engaged in a transaction that was initiated (i) during a declared state of emergency as defined in § 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to 56.Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;
56.
62.
Violating any provision of Chapter 5.2 (§ 54.1-526 et seq.) of Title 54.1;
Show all 66 changed lines (26 more)
Violating any provision of § 6.2-312;26.2-312; (§ 54.1-526 et seq.) of Title 54.1;
inhalation,69. that contains a synthetic derivative of tetrahydrocannabinol.
Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol.
Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct per71.permitted under Chapter 16 (§ 4.1-1600 et seq.) of Title 4.1;
Selling71. or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant of 5 packaging, as defined in § 4.1-600;
Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in § 4.1-600;
and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol of 5 concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates.
"Clear and conspicuous" or "clearly and conspicuously" means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to of 5 the language.
E "Consumer" means (i) any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes or (ii) any small business that seeks or acquires, by purchase or lease, any goods, services, money, or credit for business purRoses.purposes.
"Continuous service" means a plan or arrangement in which a subscription or purchasing agreement con"Smallcontinues business"until meansthe aconsumer businesscancels that is at least 51 percent independently owned and controlled by one or more individuals, or in the caseservice. of a cooperative association organized pursuant to Chapter 3 (§ 13.1-301 et seq.) of Title 13.1 as a nonstock corporation, is at least 51 percent independently controlled by one or more members, who are U.S.
citizens"Small orbusiness" legalmeans residenta aliensbusiness and,that togetheris withat affiliates,least has51 250percent independently owned and controlled by one or fewermore employeesindividuals, or annualin grossthe receiptscase of $10a millioncooperative orassociation lessorganized averagedEoverpursuant theto previousChapter three3 years.(§ 13.1-301 et seq.) of Title 13.1 as a nonstock corporation, is at least 51 percent independently controlled by one or more members, who are U.S.
citizens or legal resident aliens and, together with of 5 affiliates, has 250 or fewer employees or annual gross receipts of $10 million or less averaged over the previous three years.
D "Supplier" has the same meaning ascribed thereto in § 59.1-198.
affirmative conA.consent required;
disclosures;
prohibited conduct.
A.
Fail 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 Hndand conspicuous manner before the consumer becomes obligated on the automatic renewal or continuousBcontinuous service offer and in visual proximity, or in the case of an offer conveyed by voice, in tempora4temporal proximity, to the request for consent to the offer.
E 2.
Charge 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 agr3.agreement containing the automatic renewal offer terms or continuous service offer terms.
3.
Each supplier making automatic renewal toor cancelcontinuous aservice recurringoffers purchasethrough ofan aonline goodwebsite or service.te shall make available a conspicuous online option C.to cancel a recurring purchase of a good or service.
C.
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 gooE.goods or services.
E.
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 continuousii)continuous the service offer provisions.
Show all 66 changed rows (26 more)
View plain text versions (5)
- CHAP0452 View text Current pdf April 04, 2024
- HB744ER View text pdf March 07, 2024
- Committee Substitute Committee substitute printed 24108290D-S1 pdf February 26, 2024
- Committee Substitute Committee substitute printed 24106198D-H1 pdf January 30, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24102502D pdf January 09, 2024
Action History
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Acts of Assembly Chapter text (CHAP0452)
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Approved by Governor-Chapter 452 (effective 7/1/24)
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill communicated to Governor on March 11, 2024
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB744ER)
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Bill text as passed House and Senate (HB744ER)
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Enrolled
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VOTE: Adoption (90-Y 7-N)
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Senate substitute agreed to by House 24108290D-S1 (90-Y 7-N)
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Impact statement from DPB (HB744S1)
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Passed Senate with substitute (39-Y 0-N)
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Engrossed by Senate - committee substitute HB744S1
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Committee substitute agreed to 24108290D-S1
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Reading of substitute waived
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Read third time
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Constitutional reading dispensed (39-Y 0-N)
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Committee substitute printed 24108290D-S1
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Reported from Commerce and Labor with substitute (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on Commerce and Labor
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Constitutional reading dispensed
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VOTE: Passage (89-Y 10-N)
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Read third time and passed House (89-Y 10-N)
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Passed by for the day
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Impact statement from DPB (HB744H1)
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Engrossed by House - committee substitute HB744H1
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Committee substitute agreed to 24106198D-H1
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Read second time
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Read first time
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Committee substitute printed 24106198D-H1
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Reported from Labor and Commerce with substitute (20-Y 2-N)
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Subcommittee recommends reporting with substitute (8-Y 0-N)
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House subcommittee amendments and substitutes offered
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Impact statement from DPB (HB744)
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Assigned L & C sub: Subcommittee #2
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Referred to Committee on Labor and Commerce
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Prefiled and ordered printed; offered 01/10/24 24102502D
Sponsors
- Michelle Lopes Maldonado · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 11 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 89 | 7 | 0 | 3 |
| Total | 89 | 7 | 0 | 3 |
| % of votes cast | 90% | 7% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Not Voting |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Not Voting |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 88 | 10 | 0 | 1 |
| Total | 88 | 10 | 0 | 1 |
| % of votes cast | 89% | 10% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 2 | 0 | 0 |
| Total | 20 | 2 | 0 | 0 |
| % of votes cast | 91% | 9% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Alfonso H. Lopez | — | Yea |
| Charniele L. Herring | — | Yea |
| Chris S. Runion | — | Nay |
| Convirs-Fowler, Kelly K. | — | Yea |
| Dan I. Helmer | — | Yea |
| Gilbert, C. Todd | — | Yea |
| Irene Shin | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jason S. Ballard | — | Nay |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| LeVere Bolling, Destiny | — | Yea |
| Maldonado, Michelle Lopes | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael B. Feggans | — | Yea |
| Michael J. Jones | — | Yea |
| Michael J. Webert | — | Yea |
| Mundon King, Candi | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Alfonso H. Lopez | — | Yea |
| Chris S. Runion | — | Yea |
| Convirs-Fowler, Kelly K. | — | Yea |
| Dan I. Helmer | — | Yea |
| Jason S. Ballard | — | Yea |
| Jeion A. Ward | — | Not Voting |
| LeVere Bolling, Destiny | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael B. Feggans | — | Yea |
Subjects
Frequently asked questions
- What does HB 744 do?
- Consumer protection; automatic renewal or continuous service offers. Requires a supplier making automatic renewal or continuous service offers that automatically renew after more than 30 days and extend the automatic renewal or continuous service offer for a period of more than 12 months to notify the consumer, as defined in the bill, of the option to cancel no less than 30 days and no more than 60 days before the cancellation deadline or the end of the current contract term.
- Who sponsors HB 744?
- HB 744 is sponsored by Michelle Lopes Maldonado.
- What is the current status of HB 744?
- This bill has been enacted into law. Introduced January 09, 2024. Enacted.
- Where can I track HB 744?
- Track HB 744 free on One Click Politics — get push/email alerts when it moves.
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