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Bill > H223
MA H223
MA H223To prohibit negative option sales and disclosure of financial and personal information without a consumer’s express agreement
summary
Introduced
01/20/2015
01/20/2015
In Committee
01/20/2015
01/20/2015
Crossed Over
Passed
Dead
07/31/2016
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)
Timothy Madden (D)*,
Mike Barrett (D),
James Cantwell (D),
Diana Dizoglio (D),
Steven Howitt (R),
Mike Moore (D),
Dave Rogers (D),
Chris Walsh (D),
Last Action
Accompanied a new draft, see H4183 (on 04/11/2016)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/189/House/H223 |
| State Bill Page | https://malegislature.gov/Bills/189/H223 |
| Bill | https://malegislature.gov/Bills/189/H223.pdf |
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