West Virginia 2024 Regular Session

West Virginia Senate Bill SB177

Introduced
1/10/24  
Engrossed
1/12/24  
Refer
1/15/24  

Caption

Protecting consumers against automatic renewals without consent

Impact

If enacted, SB 177 will significantly alter the relationship between consumers and businesses offering automatic services. By mandating affirmative consent before any charges can be made, the bill seeks to eliminate ambiguous terms that have historically led to consumer exploitation. The legislation will introduce guidance on how businesses must transparently communicate contract terms, cancellation policies, and future charges, thereby fostering an environment that prioritizes consumer awareness and protection. Legislative supporters argue this measure will empower consumers and mitigate incidents of unwelcome surprise charges due to automatic renewals.

Summary

Senate Bill 177, titled 'Protecting consumers against automatic renewals without consent,' aims to amend West Virginia's consumer protection laws, specifically targeting the practice of automatic purchase renewals and continuous service offers. The bill mandates that businesses cannot charge consumers' credit or debit cards for these services without obtaining explicit consent. It establishes clear requirements for disclosure of terms, cancellation policies, and mechanisms for consumers to terminate automatic renewals. The bill also stipulates penalties for businesses that fail to comply with these regulations, seeking to enhance transparency and protect consumer rights in the marketplace.

Sentiment

The sentiment surrounding SB 177 reflects a strong bipartisan agreement on protecting consumer interests. Supporters, including various consumer advocacy groups, laud the bill for its potential to safeguard the public against deceptive practices commonly associated with automatic subscriptions. Conversely, some economic concerns have been raised by businesses fearing that the new requirements could increase operational burdens and compliance costs. Nonetheless, the dominant narrative is one of optimism about enhancing consumer autonomy and rights in service agreements.

Contention

Notable points of contention include the balance between consumer protections and business operations, particularly regarding the perceived burden placed on businesses to explain complex terms clearly. Some opponents argue that the rigidity of the bill could inadvertently lead to increased costs for consumers as businesses may raise service fees to cover compliance expenses. Further, while the bill aims to curb unfair practices, critics voice concerns over the enforcement mechanisms and whether they address all potential loopholes effectively. The debate indicates a need for a careful evaluation of how to implement these protections without stifling business innovation or increasing consumer costs.

Companion Bills

No companion bills found.

Previously Filed As

WV SB134

Protecting consumers against businesses using automatic renewals without consent

WV HB3498

Relating to the Consumer Data Protection Act and establishing a framework for controlling and processing personal data in the State

WV HB3453

Consumer Data Protection Act

WV HB3480

Enact the West Virginia Consumer Financial Privacy Act of 2023

WV HB2237

Relating to consumer protection of new manufactured home warranties

WV HB2949

Relating to disclosure of information by online marketplaces to inform consumers

WV HB2540

Travel Insurance Model Act

WV HB2460

Providing online privacy protection laws for children under 18 years of age

WV SB249

WV Real Estate License Act

WV HB3203

Relating generally to West Virginia Real Estate License Act

Similar Bills

VT H0343

An act relating to protecting genetic information privacy and consumer health information

VT S0049

An act relating to protecting genetic information privacy and consumer health information

OR HB2008

Relating to consumer protection.

OR SB619

Relating to protections for the personal data of consumers.

NV SB49

Revises provisions relating to consumer protection. (BDR 52-439)

OR HB3779

Relating to debt resolution services; prescribing an effective date.

KY HB502

AN ACT relating to genetic information.

RI S0767

Establishes the Genetic Information Privacy Act, which would require a direct-to-consumer genetic testing company, as defined, to provide a consumer with certain information regarding the company’s policies and procedures regarding use of genetic data.