SECTION 1. Chapter 6-13 of the General Laws entitled "Unfair Sales Practices" is hereby amended by adding thereto the following section: 6-13-14.1. Unlawful retention policy – canceling of subscriptions, memberships.
(a) Any business entity that makes automatic renewal offers or continuous service offers for goods, services, memberships or subscriptions to consumers shall:
(1) Provide an acknowledgment to a consumer disclosing the automatic renewal offer terms or continuous service offer terms, the cancellation policy and information regarding how to cancel the goods or services in a manner that is capable of being retained by the consumer. If the automatic renewal offer or continuous service offer includes a free gift or trial, the acknowledgment shall include a clear and conspicuous explanation of the price that will be charged after the trial ends or the manner in which the pricing will change upon conclusion of the trial, disclose how to cancel the goods or services, provide the deadline by which the consumer must act to stop or prevent charges and allow the consumer to cancel the goods or services before the consumer pays for the goods or services.
(2) Disclose the automatic renewal offer or continuous service offer to a consumer in a contract, or a contract offer in a clear and conspicuous manner.
(3) Allow a consumer who accepts the automatic renewal offer or a continuous service offer online to terminate the acceptance of the goods or services online with no further action required by the consumer.
(4) In the case of a material change in the terms of the automatic renewal offer or continuous service offer, provide a consumer with clear and conspicuous notice of the material change and information regarding how to cancel the goods or services in a manner that is capable of being retained by the consumer.
(5) Not intentionally misrepresent the terms of the automatic renewal offer or continuous service offer or any material fact related to the underlying good or service.
(b) A business entity shall allow a consumer who accepted an automatic renewal or continuous service offer to terminate the automatic renewal offer or continuous service offer under this clause by electronic mail formatted and provided by the business entity without additional information, or through a link to a website or other online service the consumer can use to cancel.
(c) A violation of this section shall constitute a deceptive trade practice in violation of chapter 13.1 of title 6 and shall be subject to the enforcement provisions of § 6-13.1-5 and private rights of action pursuant to the provisions of § 6-13.1-5.2.
(d) As used in this section:
(1) "Clear and conspicuous" means, in reference to text, type larger than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language.
(2) "Consumer" means an individual who obtains or has obtained goods or services, memberships or subscriptions primarily for personal, family or household purposes.
SECTION 2. This act shall take effect upon passage.