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KY SB30

KY SB30
AN ACT relating to the termination of automatic renewal offers and continuous service offers.


summary

Introduced
01/03/2023
In Committee
03/14/2023
Crossed Over
03/02/2023
Passed
03/16/2023
Dead
Signed/Enacted/Adopted
03/23/2023

Introduced Session

2023 Regular Session

Bill Summary

Create new sections of KRS Chapter 365 to define "automatic renewal," "automatic renewal offer terms," "clear and conspicuous," "consumer," and "continuous service,"; require businesses to present automatic renewal or continuous service offer terms clearly and conspicuously to consumers before purchase; require businesses to obtain the consumer's consent before charging the consumer; require businesses to provide an acknowledgment that includes the terms, the cancellation policy, and information regarding how to cancel in a manner that can be retained by the consumer; require businesses to provide consumers with an easy-to-use mechanism for cancellation; require businesses to provide users who purchase in one medium the opportunity to terminate in the same medium, including online termination; require businesses to provide a notice regarding material term changes prior to implementation; exempt certain businesses and services; allow the Attorney General to bring an action for injunctive and monetary relief; and exempt contracts entered into prior to the effective date; EFFECTIVE January 1, 2024.

AI Summary

This bill creates new sections in the Kentucky Revised Statutes (KRS) Chapter 365 to regulate automatic renewal offers and continuous service offers. The key provisions of the bill are: 1. Defines important terms like "automatic renewal," "automatic renewal offer terms," "clear and conspicuous," "consumer," and "continuous service." 2. Requires businesses to clearly and conspicuously present the automatic renewal or continuous service offer terms to consumers before the purchase, obtain the consumer's affirmative consent, and provide an acknowledgment that includes the terms, cancellation policy, and how to cancel. 3. Requires businesses to provide an easy-to-use mechanism for consumers to cancel, including the ability to cancel online if the service was purchased online. 4. Requires businesses to provide clear and conspicuous notice of any material changes in the automatic renewal or continuous service terms and how to cancel. 5. Exempts certain businesses and services, such as those regulated by the Kentucky Public Service Commission or Federal Communications Commission. 6. Allows the Attorney General to bring action for injunctive and monetary relief if businesses fail to comply. 7. Exempts contracts entered into prior to the effective date of January 1, 2024.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

signed by Governor (Acts Ch. 81) (on 03/23/2023)

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