Definitions

As used in this part, the term: (1) “Automatic renewal” means a plan or arrangement in which an online paid subscription or purchasing agreement is automatically renewed at the end of a definite term of more than 31 days for a subsequent definite term of more than 31 days. (2) “Consumer” means a natural person residing in this state who enters into a transaction primarily for personal, family, or household purposes. (3) “Continuous service” means a plan or arrangement for a paid definite term of more than 31 days renewing for a subsequent definite term of more than 31 days in which an online subscription or purchasing agreement continues until the consumer cancels such service. 349 10-1-439.7 COMMERCE AND TRADE 10-1-439.8 (4) “Offer terms” means the following clear and conspicuous disclosures to the consumer: (A) The description of the cancellation policy as applicable to the automatic renewal offer or arrangement; (B) The recurring charges to be charged to the consumer’s credit or debit card or payment account with a third-party payment account as part of the online automatic renewal plan or arrangement, and that the amount of such charge may change, and the amount to which such charge will change, if known; (C) The length of the automatic renewal term or an indication that the service is continuous, unless the length of the term is chosen by the consumer; and (D) The minimum purchase obligation, if any. History. Code 1981, § 10-1-439.7, enacted by Ga. L. 2023, p. 592, § 1/HB 528, effective January 1, 2024. 10-1-439.8. Online cancellation of automatic renewal or continuous service; alternate methods of cancellation; required information. (a) Notwithstanding any law to the contrary, any business that allows a consumer to accept an automatic renewal or continuous service offer online shall allow a consumer to cancel the automatic renewal or continuous service online. The business shall provide a method of cancellation that is available online, which may include: (1) A clear and conspicuous link to a website or other online cancellation service; or (2) A cancellation email formatted and provided by the business that a consumer can send to the business without additional information. (b) Notwithstanding subsection (a) of this Code section, a business that allows a consumer to accept an automatic renewal or continuous service offer online may require a consumer to enter account information or otherwise authenticate their account online before online cancellation of the automatic renewal or continuous service if the consumer has an account with the business. A consumer who is unwilling or unable to enter account information or otherwise authenticate online before online cancellation of the automatic renewal or continuous service shall not be precluded from cancelling the automatic renewal or continuous service offline using an alternate method pursuant to subsection (c) of this Code section. (c) A business that allows a consumer to accept an automatic renewal 350 10-1-439.8 SELLING/OTHER TRADE PRACTICES 10-1-439.9 or continuous service offer online shall provide a toll-free telephone number, email address, postal address if the seller directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms, cancellation policy, and information regarding how to cancel. (d) The requirements of this Code section apply to the automatic renewal terms and continuous service terms of the contract entered into online, and the remaining provisions of the contract shall continue to be governed by all applicable laws and regulations. History. Code 1981, § 10-1-439.8, enacted by Ga. L. 2023, p. 592, § 1/HB 528, effective January 1, 2024. 10-1-439.9. Prohibited activities relating to automatic renewal or continuous service offers; required notices. (a) It shall be unlawful in this state for any business that allows a consumer to accept an automatic renewal or continuous service offer online to: (1) Fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before the subscription or purchasing agreement is fulfilled and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consumer consent to the offer; (2) Charge the consumer’s credit or debit card, or the consumer’s third-party payment account for an automatic renewal or continuous service without first obtaining the consumer’s consent to the agreement containing such automatic renewal offer terms or continuous service offer terms; (3) Fail to provide an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms. Such acknowledgment may be from the business’s own website or it may be provided via a link to a separate resource that provides instructions for unique platforms and services or other means that provide such offer terms in a manner easily retained by the consumer; or (4) Fail to provide a consumer with notice pursuant to subsection (b) of this Code section. (b) A business that allows a consumer to accept an automatic renewal or continuous service offer online shall provide the consumer with a notice prior to or within three days after charging the consumer’s credit or debit card or payment account with a third party, provided that the consumer has not opted out of receiving such notice. Such notice shall clearly and conspicuously state: 351 10-1-439.9 COMMERCE AND TRADE 10-1-439.11 (1) That the automatic renewal or continuous service shall automatically renew unless it is canceled by the consumer; (2) The length and any additional terms of the renewal period; (3) If sent electronically, the notice shall include either a link or another reasonably accessible electronic method that directs the consumer to the cancellation process; and (4) Contact information for the business. (c) In the case of a material change in the terms of the online automatic renewal offer or continuous service offer that has been accepted by a consumer in this state, a business shall provide the consumer with a clear and conspicuous notice of the material change and shall provide information to the consumer regarding how to cancel such automatic renewal offer or continuous service offer in a manner that is easily retained by the consumer. History. Code 1981, § 10-1-439.9, enacted by Ga. L. 2023, p. 592, § 1/HB 528, effective January 1, 2024. 10-1-439.10. Consumers’ receipt of goods, wares, merchandise, or products without consent deemed unconditional gift. When a business that allows a consumer to accept an automatic renewal or continuous service offer online sends any goods, wares, merchandise, or products to a consumer under an automatic renewal of purchase or a continuous service agreement, without first obtaining the consumer’s consent pursuant to paragraph (2) of subsection (a) of Code Section 10-1-439.9, such goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer, who may use or dispose of such goods, wares, merchandise, and products in any manner he or she sees fit without obligation to the business, including, but not limited to, bearing the cost of or responsibility for shipping any goods, wares, merchandise, or products to the business. History. Code 1981, § 10-1-439.10, enacted by Ga. L. 2023, p. 592, § 1/HB 528, effective January 1, 2024; Ga. L. 2024, p. 1052, § 2(20)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, revised punctuation in this Code section. 10-1-439.11. Application.