Automatic renewal offers and continuous service offers; penalties. (HB911)

Introduced By

Del. Marcus Simon (D-Falls Church)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Automatic renewal offers and continuous service offers; penalties. 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 requires 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. Amends § 59.1-200, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/09/2018Committee
01/09/2018Prefiled and ordered printed; offered 01/10/18 18100614D
01/09/2018Referred to Committee on Commerce and Labor
01/17/2018Impact statement from DPB (HB911)
01/30/2018Assigned C & L sub: Subcommittee #3
02/06/2018Subcommittee recommends reporting (5-Y 1-N)
02/08/2018Reported from Commerce and Labor (20-Y 1-N) (see vote tally)
02/10/2018Read first time
02/12/2018Read second time and engrossed
02/13/2018Read third time and passed House (99-Y 0-N)
02/13/2018VOTE: PASSAGE (99-Y 0-N) (see vote tally)
02/14/2018Constitutional reading dispensed
02/14/2018Referred to Committee on Commerce and Labor
02/19/2018Reported from Commerce and Labor with substitute (12-Y 0-N) (see vote tally)
02/19/2018Committee substitute printed 18107179D-S1
02/21/2018Impact statement from DPB (HB911S1)
02/21/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/22/2018Read third time
02/22/2018Reading of substitute waived
02/22/2018Committee substitute agreed to 18107179D-S1
02/22/2018Engrossed by Senate - committee substitute HB911S1
02/22/2018Passed Senate with substitute (40-Y 0-N) (see vote tally)
02/26/2018Placed on Calendar
02/26/2018Senate substitute rejected by House 18107179D-S1 (1-Y 97-N)
02/26/2018VOTE: REJECTED (1-Y 97-N) (see vote tally)
02/28/2018Senate insisted on substitute (40-Y 0-N) (see vote tally)
02/28/2018Senate requested conference committee
03/01/2018House acceded to request
03/01/2018Conferees appointed by House
03/01/2018Delegates: Simon, O'Quinn, Habeeb
03/02/2018Conferees appointed by Senate
03/02/2018Senators: McDougle, Stanley, Dance
03/06/2018C Amended by conference committee
03/07/2018Conference report agreed to by Senate (39-Y 0-N) (see vote tally)
03/08/2018Conference report agreed to by House (96-Y 0-N)
03/08/2018VOTE: ADOPTION (96-Y 0-N) (see vote tally)
03/10/2018Enrolled
03/10/2018Bill text as passed House and Senate (HB911ER)
03/10/2018Signed by Speaker
03/12/2018Impact statement from DPB (HB911ER)
03/12/2018Signed by President
03/20/2018Enrolled Bill communicated to Governor on March 20, 2018
03/20/2018G Governor's Action Deadline Midnight, April 9, 2018
03/30/2018G Approved by Governor-Chapter 704 (effective 1/1/19)
03/30/2018G Acts of Assembly Chapter text (CHAP0704)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 44 seconds.