H 326 Massachusetts House · 193rd Legislature (2023-2024)

An Act to prohibit negative option sales and disclosure of financial and personal information without a consumer’s express agreement

This bill prohibits businesses from automatically enrolling consumers in paid services or products unless the customer explicitly agrees to the charge. It requires sellers to clearly disclose all costs, terms, and cancellation methods before a consumer accepts a trial offer, such as a free trial or discounted rate. To proceed with a sale, a seller must obtain affirmative consent from the consumer, meaning the customer must take a specific action to agree to the financial obligation. Additionally, the law mandates that cancellation options be as easy to use as the method used to accept the offer, ensuring consumers can stop the service without hassle. These rules apply to any business offering trial periods or reduced-cost services that could lead to future payments if not cancelled.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
Senate Passage
Jul 2024
Governor
Introduced Feb 16, 2023 Last action Aug 5, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
6
Key actions
2
Committee
1
Jul 8, 2024
Upper · Passed
Senate concurred
upper
Feb 16, 2023
Upper · Passed
Senate concurred
upper
Feb 16, 2023
Committee
Referred to the committee on Consumer Protection and Professional Licensure
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Steven Howitt
Steven Howitt
RRepublican
MA
4th Bristol