1. A. No seller making an automatic renewal or continuous service offer to a consumer in the Commonwealth shall do any of the following:

   1. 1. 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 and conspicuous manner before the consumer becomes obligated on the automatic renewal or continuous service offer and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer.
   2. 2. 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 agreement containing the automatic renewal offer terms or continuous service offer terms.
   3. 3. Fail 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. If the offer includes a free trial, the seller shall also disclose in the acknowledgment how to cancel the free trial before the consumer pays or becomes obligated to pay for the goods or services.

2. B. A seller making automatic renewal or continuous service offers shall provide a cost-effective, timely, and easy-to-use cancellation mechanism that meets the standard for "clear and conspicuous," as defined in § 59.1-207.45, regardless of the medium in which it is presented and is easy for consumers to find. Regarding providing such simple cancellation mechanism, the following provisions shall apply:

   1. 1. The cancellation mechanism shall be at least as easy to use as the mechanism the consumer used to initiate the automatic renewal or continuous service offer.
   2. 2. A seller shall provide a cancellation mechanism through, at a minimum, each of the methods by which a consumer may initiate an automatic renewal or continuous service offer, except for any such offer initiated in person, for which the provisions of subdivision 6 shall apply.
   3. 3. Compliance with the disclosure requirements of 16 C.F.R. §§ 425.4(a)(4) and 425.6 shall not discharge a seller's obligations under this chapter.
   4. 4. No consumer shall be required to interact with a live or virtual agent or representative to effectuate cancellation unless the seller only initiates automatic renewal or continuous service offers through interacting with a live or virtual agent or representative.
   5. 5. For cancellation by telephone call, the seller shall promptly effectuate cancellation requested by a consumer via a telephone number that is answered or records messages, made available during normal business hours, and not more costly to use than the method used by the consumer to initiate the automatic renewal or continuous service offer.
   6. 6. For cancellation of an automatic renewal or continuous service offer that was initiated in person, the seller shall offer a simple cancellation mechanism through an interactive electronic medium, such as a website or mobile application, or by telephone call.
   7. 7. If a seller offers cancellation by telephone call, the seller shall not impose any cost to the consumer for the cancellation call.
   8. 8. For cancellation of an automatic renewal or continuous service offer of a print publication that was initiated in person, by pamphlet, or by mail, the seller shall offer a simple cancellation method through an interactive electronic medium, such as a website or mobile application, or by telephone.
3. C. In the case of a material change in the terms of the automatic renewal or continuous service offer that has been accepted by a consumer in the Commonwealth, the seller shall, prior to implementation of the material change, provide the consumer with a clear and conspicuous notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by the consumer.
4. D. A seller 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 goods or services.
5. E. A seller making automatic renewal or continuous service offers that will automatically renew after a period of more than 30 days and extend the automatic renewal or continuous service offer for a period of more than 12 months shall notify the consumer of his option to cancel the automatic renewal or continuous service offer no less than 30 days and no more than 60 days before the cancellation deadline or the end of the current contract term. 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 continuous service offer provisions.
6. F. Each disclosure required under this chapter shall independently meet the standard for "clear and conspicuous," as defined in § 59.1-207.45, regardless of the medium in which it is presented.

2018, c. 704; 2022, c. 557; 2023, c. 688; 2024, c. 452; 2026, cc. 931, 932.