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Mississippi Senate Bill SB2498

Mississippi 2025 Regular Session

Mississippi Senate Bill SB2498 Compare Versions

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1-MISSISSIPPI LEGISLATURE 2025 Regular Session To: Business and Financial Institutions By: Senator(s) Johnson Senate Bill 2498 (As Passed the Senate) AN ACT TO REQUIRE ANY BUSINESS THAT MAKES AN AUTOMATIC RENEWAL OFFER FOR A SUBSCRIPTION PERIOD GREATER THAN ONE MONTH TO A CONSUMER IN THIS STATE TO PROVIDE AN ACKNOWLEDGEMENT THAT INCLUDES THE AUTOMATIC RENEWAL OFFER TERMS, CANCELLATION POLICY AND INFORMATION REGARDING HOW TO CANCEL; TO REQUIRE SUCH BUSINESS PROVIDE NOTICE TO THE CONSUMER, NO LESS THAN SEVEN DAYS, BUT NO MORE THAN 21 DAYS BEFORE THE AUTOMATIC RENEWAL DATE, THROUGH MEANS AGREED TO BY THE CONSUMER IN THE ACKNOWLEDGEMENT, OF THE DATE THE PLAN WILL RENEW ALONG WITH INFORMATION REGARDING HOW TO CANCEL; TO PROHIBIT ANY SUCH BUSINESS FROM CHARGING A CONSUMER FOR AN AUTOMATIC RENEWAL WITHOUT FIRST HAVING COMPLIED WITH SUCH ACKNOWLEDGMENT OR NOTICE REQUIREMENT; TO PROVIDE THAT, IF SUCH BUSINESS CHARGES A CONSUMER FOR AN AUTOMATIC RENEWAL WITHOUT FIRST COMPLYING WITH SUCH ACKNOWLEDGMENT OR NOTICE REQUIREMENT, THEN THE BUSINESS SHALL REFUND THE CONSUMER THE FULL AMOUNT CHARGED; TO PROVIDE THAT UPON CANCELLATION BY A CONSUMER WITHIN 10 DAYS FOLLOWING THE AUTOMATIC RENEWAL OF A SUBSCRIPTION FOR A PERIOD GREATER THAN ONE MONTH, THE SUBSCRIPTION AMOUNT MUST BE REFUNDED PRO RATA OR IN FULL TO THE CONSUMER; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) For purposes of this section: (a) "Automatic renewal" means a plan or arrangement in which a paid subscription service or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term; (b) "Business" means any commercial entity making an automatic renewal offer for a subscription period greater than one (1) month to a consumer in this state. (2) It shall be unlawful for any business to fail to provide an acknowledgement that includes the automatic renewal offer terms, cancellation policy and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the offer includes a free gift or trial, the acknowledgment shall also disclose in the acknowledgement how to cancel and allow the consumer to cancel before the consumer pays for the goods or services. (3) No less than seven (7) days, but no more than twenty-one (21) days, before the automatic renewal date, the business shall provide notice to the consumer, through the means agreed to by the consumer in the acknowledgment, of the date the plan will renew, together with information regarding how to cancel. (4) It shall be unlawful for any business to charge the consumer's credit card, debit card or account with a third party for an automatic renewal without first having complied with subsection (2) or (3) of this section, as the case may be. If a business violates this subsection, then the business shall refund the consumer the full amount charged pursuant to the automatic renewal. (5) Upon cancellation by a consumer within ten (10) days following the automatic renewal of any subscription for a period greater than one (1) month, the subscription amount must be refunded pro rata or in full to the consumer. SECTION 2. This act shall take effect and be in force from and after July 1, 2025.
1+MISSISSIPPI LEGISLATURE 2025 Regular Session To: Business and Financial Institutions By: Senator(s) Johnson Senate Bill 2498 AN ACT TO REQUIRE ANY BUSINESS THAT MAKES AN AUTOMATIC RENEWAL OFFER FOR A SUBSCRIPTION PERIOD GREATER THAN ONE MONTH TO A CONSUMER IN THIS STATE TO PROVIDE AN ACKNOWLEDGEMENT THAT INCLUDES THE AUTOMATIC RENEWAL OFFER TERMS, CANCELLATION POLICY AND INFORMATION REGARDING HOW TO CANCEL; TO REQUIRE SUCH BUSINESS PROVIDE NOTICE TO THE CONSUMER, NO LESS THAN SEVEN DAYS, BUT NO MORE THAN 21 DAYS BEFORE THE AUTOMATIC RENEWAL DATE, THROUGH MEANS AGREED TO BY THE CONSUMER IN THE ACKNOWLEDGEMENT, OF THE DATE THE PLAN WILL RENEW ALONG WITH INFORMATION REGARDING HOW TO CANCEL; TO PROHIBIT ANY SUCH BUSINESS FROM CHARGING A CONSUMER FOR AN AUTOMATIC RENEWAL WITHOUT FIRST HAVING COMPLIED WITH SUCH ACKNOWLEDGMENT OR NOTICE REQUIREMENT; TO PROVIDE THAT, IF SUCH BUSINESS CHARGES A CONSUMER FOR AN AUTOMATIC RENEWAL WITHOUT FIRST COMPLYING WITH SUCH ACKNOWLEDGMENT OR NOTICE REQUIREMENT, THEN THE BUSINESS SHALL REFUND THE CONSUMER THE FULL AMOUNT CHARGED; TO PROVIDE THAT UPON CANCELLATION BY A CONSUMER WITHIN 10 DAYS FOLLOWING THE AUTOMATIC RENEWAL OF A SUBSCRIPTION FOR A PERIOD GREATER THAN ONE MONTH, THE SUBSCRIPTION AMOUNT MUST BE REFUNDED PRO RATA OR IN FULL TO THE CONSUMER; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) For purposes of this section: (a) "Automatic renewal" means a plan or arrangement in which a paid subscription service or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term; (b) "Business" means any commercial entity making an automatic renewal offer for a subscription period greater than one (1) month to a consumer in this state. (2) It shall be unlawful for any business to fail to provide an acknowledgement that includes the automatic renewal offer terms, cancellation policy and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the offer includes a free gift or trial, the acknowledgment shall also disclose in the acknowledgement how to cancel and allow the consumer to cancel before the consumer pays for the goods or services. (3) No less than seven (7) days, but no more than twenty-one (21) days, before the automatic renewal date, the business shall provide notice to the consumer, through the means agreed to by the consumer in the acknowledgment, of the date the plan will renew, together with information regarding how to cancel. (4) It shall be unlawful for any business to charge the consumer's credit card, debit card or account with a third party for an automatic renewal without first having complied with subsection (2) or (3) of this section, as the case may be. If a business violates this subsection, then the business shall refund the consumer the full amount charged pursuant to the automatic renewal. (5) Upon cancellation by a consumer within ten (10) days following the automatic renewal of any subscription for a period greater than one (1) month, the subscription amount must be refunded pro rata or in full to the consumer. SECTION 2. This act shall take effect and be in force from and after July 1, 2025.
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33 MISSISSIPPI LEGISLATURE
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55 2025 Regular Session
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77 To: Business and Financial Institutions
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99 By: Senator(s) Johnson
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1111 # Senate Bill 2498
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13-## (As Passed the Senate)
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1513 AN ACT TO REQUIRE ANY BUSINESS THAT MAKES AN AUTOMATIC RENEWAL OFFER FOR A SUBSCRIPTION PERIOD GREATER THAN ONE MONTH TO A CONSUMER IN THIS STATE TO PROVIDE AN ACKNOWLEDGEMENT THAT INCLUDES THE AUTOMATIC RENEWAL OFFER TERMS, CANCELLATION POLICY AND INFORMATION REGARDING HOW TO CANCEL; TO REQUIRE SUCH BUSINESS PROVIDE NOTICE TO THE CONSUMER, NO LESS THAN SEVEN DAYS, BUT NO MORE THAN 21 DAYS BEFORE THE AUTOMATIC RENEWAL DATE, THROUGH MEANS AGREED TO BY THE CONSUMER IN THE ACKNOWLEDGEMENT, OF THE DATE THE PLAN WILL RENEW ALONG WITH INFORMATION REGARDING HOW TO CANCEL; TO PROHIBIT ANY SUCH BUSINESS FROM CHARGING A CONSUMER FOR AN AUTOMATIC RENEWAL WITHOUT FIRST HAVING COMPLIED WITH SUCH ACKNOWLEDGMENT OR NOTICE REQUIREMENT; TO PROVIDE THAT, IF SUCH BUSINESS CHARGES A CONSUMER FOR AN AUTOMATIC RENEWAL WITHOUT FIRST COMPLYING WITH SUCH ACKNOWLEDGMENT OR NOTICE REQUIREMENT, THEN THE BUSINESS SHALL REFUND THE CONSUMER THE FULL AMOUNT CHARGED; TO PROVIDE THAT UPON CANCELLATION BY A CONSUMER WITHIN 10 DAYS FOLLOWING THE AUTOMATIC RENEWAL OF A SUBSCRIPTION FOR A PERIOD GREATER THAN ONE MONTH, THE SUBSCRIPTION AMOUNT MUST BE REFUNDED PRO RATA OR IN FULL TO THE CONSUMER; AND FOR RELATED PURPOSES.
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1715 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
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1917 SECTION 1. (1) For purposes of this section:
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2119 (a) "Automatic renewal" means a plan or arrangement in which a paid subscription service or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term;
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2321 (b) "Business" means any commercial entity making an automatic renewal offer for a subscription period greater than one (1) month to a consumer in this state.
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2523 (2) It shall be unlawful for any business to fail to provide an acknowledgement that includes the automatic renewal offer terms, cancellation policy and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the offer includes a free gift or trial, the acknowledgment shall also disclose in the acknowledgement how to cancel and allow the consumer to cancel before the consumer pays for the goods or services.
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2725 (3) No less than seven (7) days, but no more than twenty-one (21) days, before the automatic renewal date, the business shall provide notice to the consumer, through the means agreed to by the consumer in the acknowledgment, of the date the plan will renew, together with information regarding how to cancel.
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2927 (4) It shall be unlawful for any business to charge the consumer's credit card, debit card or account with a third party for an automatic renewal without first having complied with subsection (2) or (3) of this section, as the case may be. If a business violates this subsection, then the business shall refund the consumer the full amount charged pursuant to the automatic renewal.
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3129 (5) Upon cancellation by a consumer within ten (10) days following the automatic renewal of any subscription for a period greater than one (1) month, the subscription amount must be refunded pro rata or in full to the consumer.
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3331 SECTION 2. This act shall take effect and be in force from and after July 1, 2025.