1.Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.Method of cancellation of automatic subscription or health club membership renewal; required seller disclosure; misrepresentation.
A seller may not make an automatic subscription or health club membership renewal offer to a consumer in this State unless the seller presents that consumer with a clear, conspicuous and easily accessible disclosure of all material terms of the renewal offer and of the methods that the consumer may use to cancel the subscription or membership. A seller shall obtain the express consent of a consumer to automatic subscription or health club membership renewal prior to enrollment through a check box, electronic signature requirement
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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Method of cancellation of automatic subscription or health club membership renewal; required seller disclosure; misrepresentation.
A seller may not make an automatic subscription or health club membership renewal offer to a consumer in this State unless the seller presents that consumer with a clear, conspicuous and easily accessible disclosure of all material terms of the renewal offer and of the methods that the consumer may use to cancel the subscription or membership. A seller shall obtain the express consent of a consumer to automatic subscription or health club membership renewal prior to enrollment through a check box, electronic signature requirement or other affirmative action by the consumer agreeing to the renewal offer. The seller must provide for cancellation of the subscription or health club membership by a consumer using the same method and in the same manner by which the consumer initially agreed to the subscription or membership. If a phone number is also provided for the purposes of cancellation of the subscription or membership, the number must be toll‑free and must be prominently displayed in the disclosure. The disclosure must also include, but is not limited to, information regarding the amount and frequency of subscription or membership charges and the seller's refund policy upon cancellation. In marketing, offering or selling a subscription or membership with an automatic subscription or health club membership renewal, a seller may not make any misrepresentation of a material fact associated with that renewal offer.
3.
Extended automatic subscription or health club membership renewals; additional notice requirement.
A seller may not make an extended automatic subscription or health club membership renewal offer to a consumer in this State unless the seller complies with the same requirements and restrictions applicable to automatic subscription or health club membership renewals under subsection 2 and additionally notifies the consumer of the automatic renewal in accordance with this subsection. No more than 30 days before the renewal date for an extended automatic subscription or health club membership renewal, the seller shall provide notice to the consumer regarding the renewal, which must disclose clearly and conspicuously:
4.
Application.
This chapter applies only to an agreement entered into or renewed after January 1, 2020 under which a seller makes an automatic subscription or health club membership renewal or extended automatic subscription or health club membership renewal offer to a consumer in this State.