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MA H223

MA H223
To prohibit negative option sales and disclosure of financial and personal information without a consumer’s express agreement


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to prevent the automatic signing up of consumers for products or services. Consumer Protection and Professional Licensure.

AI Summary

This bill aims to protect consumers by prohibiting "negative option sales," which are offers where a consumer is automatically signed up for products or services and charged unless they take specific action to cancel. The bill defines a "seller" as any business offering goods or services, and a "consumer" as someone accepting a trial offer. It mandates that sellers must clearly and conspicuously disclose all terms of a trial offer, including any future financial obligations, the cost, what goods or services will be provided, how to cancel, and the deadline for cancellation. Crucially, sellers must obtain "affirmative consent," meaning a consumer's explicit agreement to incur a financial obligation, which must be clearly indicated. For trial offers longer than 30 days, an additional reminder must be sent 5 to 10 days before the consumer is charged. The bill also prevents financial institutions from disclosing a customer's financial or personal information without the customer's express authorization, with specific exceptions. Violations of these provisions are considered unfair and deceptive practices.

Committee Categories

Labor and Employment

Sponsors (8)

Last Action

Accompanied a new draft, see H4183 (on 04/11/2016)

bill text


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