HB 911 Virginia House of Delegates · 2018 Regular Session

Automatic renewal offers and continuous service offers; penalties.

Summary
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 would require 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.
Bill status failed 4 of 5 stages cleared
Introduction
Jan 2018
Committee Review
Mar 2018
House of Delegates Passage
Feb 2018
Senate Passage
Feb 2018
Governor
Introduced Jan 9, 2018 Last action Mar 12, 2018
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
23
Key actions
6
Committee
8
Mar 8, 2018
Legislature · Passed
Conference report agreed to by House (96-Y 0-N)
legislature
Mar 6, 2018
Legislature · Passed
Amended by conference committee
legislature
Feb 28, 2018
Legislature · Passed
Senate requested conference committee
legislature
Feb 22, 2018
Legislature · Passed
Engrossed by Senate - committee substitute HB911S1
legislature
Feb 22, 2018
Legislature · Passed
Committee substitute agreed to 18107179D-S1
legislature
Feb 14, 2018
Committee
Referred to Committee on Commerce and Labor
legislature
Feb 13, 2018
Legislature · Passed
Read third time and passed House (99-Y 0-N)
legislature
Jan 30, 2018
Committee
Assigned C & L sub: Subcommittee #3
legislature
Jan 9, 2018
Committee
Referred to Committee on Commerce and Labor
legislature
Jan 9, 2018
Introduced
Prefiled and ordered printed; offered 01/10/18 18100614D
legislature
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Marcus Simon
Marcus Simon
DDemocratic
VA
13