North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1228

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/18/23  
Engrossed
1/23/23  
Refer
2/13/23  
Report Pass
3/22/23  
Enrolled
4/5/23  

Caption

The use of certain marketing practices involving an agreement containing a provision for automatic renewal; and to provide for application.

Impact

If enacted, HB 1228 would enhance consumer rights by enforcing stricter guidelines on how companies must inform customers about automatic renewals. Specifically, the legislation seeks to ensure that customers are adequately notified about cancellation rights and the terms of renewal procedures. This means that businesses will have to adjust their marketing and customer service protocols to comply with the provisions of the bill, potentially leading to higher operational costs for compliance. The bill is expected to apply to all contracts formed after July 31, 2023, thus influencing future agreements in the marketplace.

Summary

House Bill 1228 aims to amend and reenact sections of the North Dakota Century Code that pertain to marketing practices involving agreements featuring provisions for automatic renewal. The bill mandates that businesses present the terms of automatic renewal in a clear and conspicuous manner and provide sufficient notice and information regarding cancellation options to consumers before the fulfillment of an agreement. The new requirements emphasize transparency in the marketing and contractual processes related to automatic renewals, which can impact businesses engaged in such practices significantly.

Sentiment

The sentiment surrounding HB 1228 appears to be largely positive among consumer advocacy groups, as the bill is viewed as a significant step towards increased consumer protection and empowerment. Supporters argue that the legislation will prevent deceptive marketing practices and provide clarity to consumers. However, some businesses may express concerns regarding the increased regulatory burden and potential challenges in implementation, reflecting a mixed sentiment among commercial stakeholders. Overall, the discussions align predominantly with a consumer-centric perspective, advocating for rights that foster informed decision-making.

Contention

Notable points of contention may arise around how businesses interpret and implement the bill’s requirements for marketing practices. Concerns have been raised about the potential for confusion among businesses regarding the new rules, particularly in delineating what constitutes 'clear and conspicuous' information. Moreover, the implications for enforcing penalties on businesses that fail to comply with the new standards may also be debated, raising questions around practical enforcement and the balance between consumer protection and business viability.

Companion Bills

No companion bills found.

Previously Filed As

ND SF3920

Automatic renewal related terms definitions and regulation provisions

ND HB2196

Providing for automatic renewal provisions in certain contracts for goods and services.

ND HB45

Providing for automatic renewal provisions in certain contracts for goods and services.

ND SB1308

Contracts; establishing certain requirements for contracts with automatic renewal provisions. Effective date.

ND HB2851

Automatic renewal and continuous service offers

ND HB4843

Consumer protection: unfair trade practices; disclosure of automatic renewal provisions in consumer contracts; require. Amends sec. 3 of 1976 PA 331 (MCL 445.903) & adds sec. 3j.

ND HB744

Consumer protection; automatic renewal or continuous service offers.

ND AB417

Automatic renewals of consumer contracts and providing a penalty. (FE)

ND S2952

Requires online option for cancellation of automatic renewal of health club services subscriptions entered into online; provides additional options for cancelling health club services contracts under certain circumstances.

ND S774

Requires online option for cancellation of automatic renewal of health club services subscriptions entered into online; provides additional options for cancelling health club services contracts under certain circumstances.

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