Bill > H4183

This bill aims to protect consumers by prohibiting "negative option sales" and the unauthorized disclosure of personal financial information. Negative option sales, often seen in "trial offers," occur when a consumer accepts an initial offer and is then automatically charged for additional goods or services unless they take specific action to cancel. The bill requires sellers to provide "clear and conspicuous" disclosures about the terms of these offers, including any future financial obligations, subscription details, costs, cancellation instructions, and deadlines, before the consumer accepts. Crucially, sellers must obtain "affirmative consent," meaning a consumer's explicit agreement to incur a disclosed financial obligation, which must be made in a way that clearly indicates their intent to agree. For trial offers exceeding sixty days, an additional reminder must be sent to the consumer shortly before they are charged. The bill also prohibits sellers from sharing a consumer's billing information with other sellers without the consumer's affirmative consent. Furthermore, it prevents "financial institutions" (entities that collect and invest funds) from disclosing a customer's financial or personal information without their express agreement, with limited exceptions like disclosing information back to the customer themselves. Violations of these provisions are considered unfair and deceptive practices under Chapter 93A of the General Laws.