Last Action | 03/23/23: signed by Governor (Acts Ch. 81) |
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Title | AN ACT relating to the termination of automatic renewal offers and continuous service offers. |
Bill Documents |
Acts Chapter 81
Current/Final Introduced |
Bill Request Number | 866 |
Sponsors | R. Girdler, D. Yates |
Summary of Original Version | Create new sections of KRS Chapter 365 to define "automatic renewal," "automatic renewal offer terms," "clear and conspicuous," "consumer," and "continuous service,"; require businesses to present automatic renewal or continuous service offer terms clearly and conspicuously to consumers before purchase; require businesses to obtain the consumer's consent before charging the consumer; require businesses to provide an acknowledgment that includes the terms, the cancellation policy, and information regarding how to cancel in a manner that can be retained by the consumer; require businesses to provide consumers with an easy-to-use mechanism for cancellation; require businesses to provide users who purchase in one medium the opportunity to terminate in the same medium, including online termination; require businesses to provide a notice regarding material term changes prior to implementation; exempt certain businesses and services; allow the Attorney General to bring an action for injunctive and monetary relief; and exempt contracts entered into prior to the effective date; EFFECTIVE January 1, 2024. |
Index Headings of Original Version |
Effective Dates, Delayed - Subscription, cancellation, notice of terms and changes, consumer consent Technology - Subscription, cancellation online Internet - Subscription, cancellation online Advertising - Subscription, cancellation policies Commerce - Subscription, cancellation policies Consumer Affairs - Subscription, cancellation, notice of terms and changes, consumer consent |
Jump to Proposed Amendments |
Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 House Committee Substitute 1 |
Votes | Vote History |
01/03/23 |
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01/05/23 |
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02/21/23 |
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02/22/23 |
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02/24/23 |
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02/28/23 |
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03/01/23 |
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03/02/23 |
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03/07/23 |
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03/08/23 |
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03/09/23 |
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03/10/23 |
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03/13/23 |
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03/14/23 |
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03/15/23 |
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03/16/23 |
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03/23/23 |
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Amendment | Senate Floor Amendment 1 |
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Sponsor | D. Yates |
Summary | Retain original provisions, except permit the Attorney General to recover penalties for each violation of this Act and remove the prohibition on a private right of action. |
Index Headings |
Effective Dates, Delayed - Subscription, cancellation, notice of terms and changes, consumer consent Technology - Subscription, cancellation online Internet - Subscription, cancellation online Advertising - Subscription, cancellation policies Commerce - Subscription, cancellation policies Consumer Affairs - Subscription, cancellation, notice of terms and changes, consumer consent |
Amendment | Senate Floor Amendment 2 |
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Sponsor | D. Yates |
Summary | Retain original provisions, except permit the Attorney General to recover penalties for each violation of this Act and remove the reference to the private right of action. |
Index Headings |
Technology - Subscription, cancellation online Internet - Subscription, cancellation online Advertising - Subscription, cancellation policies Commerce - Subscription, cancellation policies Consumer Affairs - Subscription, cancellation, notice of terms and changes, consumer consent |
Amendment | Senate Floor Amendment 3 |
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Sponsor | D. Yates |
Summary | Amend penalty section to remove the private right of action; allow the first offender businesses to cure its violation of this Act; allow the Attorney General to obtain injunctive relief and restitution for each violation of this Act; require penalties for each violation of this Act not to exceed $500. |
Index Headings |
Consumer Affairs - Subscription, cancellation policies, Attorney General, injunctive relief and monetary damages Technology - Subscription, cancellation online, Attorney General, injunctive relief and monetary damages Internet - Subscription, cancellation online, Attorney General, injunctive relief and monetary damages Advertising - Subscription, cancellation policies, Attorney General, injunctive relief and monetary damages Commerce - Subscription, cancellation policies, Attorney General, injunctive relief and monetary damages |
Amendment | House Committee Substitute 1 |
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Summary | Retain original provisions; exempt solid waste management services from automatic renewal and continuous service offer requirements. |
Index Headings |
Technology - Subscription, cancellation online Internet - Subscription, cancellation online Advertising - Subscription, cancellation policies Commerce - Subscription, cancellation policies Consumer Affairs - Subscription, cancellation, notice of terms and changes, consumer consent |
Last updated: 11/9/2023 3:03 PM (EST)