§ 10-1-439-9 — Prohibited activities relating to automatic renewal or continuous service offers; required notices

Georgia § 10-1-439-9

• Jurisdiction: Georgia
• Title: 10

Text

(a) It shall be unlawful in this state for any business that allows a consumer to accept an automatic renewal or continuous service offer online to: (1) 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 consumer consent to the offer; (2) Charge the consumer's credit or debit card, or the consumer's third-party payment account for an automatic renewal or continuous service without first obtaining the consumer's consent to the agreement containing such automatic renewal offer terms or continuous service offer terms; (3) Fail to provide an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms. Such acknowledgment may be from the business's own website or it may be provided via a link to a separate resource that provides instructions for unique platforms and services or other means that provide such offer terms in a manner easily retained by the consumer; or (4) Fail to provide a consumer with notice pursuant to subsection (b) of this Code section. (b) A business that allows a consumer to accept an automatic renewal or continuous service offer online shall provide the consumer with a notice prior to or within three days after charging the consumer's credit or debit card or payment account with a third party, provided that the consumer has not opted out of receiving such notice. Such notice shall clearly and conspicuously state: (1) That the automatic renewal or continuous service shall automatically renew unless it is canceled by the consumer; (2) The length and any additional terms of the renewal period; (3) If sent electronically, the notice shall include either a link or another reasonably accessible electronic method that directs the consumer to the cancellation process; and (4) Contact information for the business. (c) In the case of a material change in the terms of the online automatic renewal offer or continuous service offer that has been accepted by a consumer in this state, a business shall provide the consumer with a clear and conspicuous notice of the material change and shall provide information to the consumer regarding how to cancel such automatic renewal offer or continuous service offer in a manner that is easily retained by the consumer.

Legislative History

Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.