The bill introduced on February 24, 2025, seeks to amend the Code of West Virginia by establishing new definitions and requirements for automatic renewal and continuous service agreements. It mandates that businesses must obtain a consumer's express affirmative consent before enrolling them in such agreements, which are defined as contracts that automatically renew at the end of a specified term. The bill outlines necessary disclosures that must be provided to consumers, including information about cancellation policies, recurring charges, and the length of the renewal term. Additionally, it introduces terms like "clear and conspicuous" to ensure that information is presented in a noticeable manner, and "free-to-pay conversion," which pertains to offers that start free but require cancellation to avoid charges after a trial period.

Furthermore, the legislation imposes specific requirements on businesses regarding the presentation of automatic renewal offers, including the obligation to provide a telephone number for cancellation and to notify consumers of any material changes to the terms of service. It also requires businesses to send annual reminders about the terms of agreements and to maintain verification of consumer consent for a specified period. The bill ensures that consumers can easily terminate these services without unnecessary steps and prohibits businesses from obstructing the cancellation process. Notably, the amendments will apply only to contracts entered into, amended, or extended on or after July 1, 2025, thereby enhancing consumer protection and promoting transparency in business practices.

Statutes affected:
Introduced Version: 46A-1-102, 46A-2-141