HB 569

1
A bill to be entitled
2An act relating to automatic renewal of service contracts;
3providing definitions; requiring persons, firms, or
4corporations that sell products or services to consumers
5pursuant to certain contracts to disclose automatic
6renewal provisions; providing disclosure requirements;
7providing exceptions to the disclosure requirements;
8providing that certain violations will render an automatic
9renewal provision void and unenforceable; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  (1)  DEFINITIONS.--As used in this act:
15     (a)  "Automatic renewal provision" means a provision under
16which a service contract is renewed for a specified period if
17the renewal causes the service contract to be in effect more
18than 6 months after the day of the initiation of the service
19contract. Such renewal is effective unless the consumer gives
20notice to the seller of the consumer's intention to terminate
21the service contract.
22     (b)  "Consumer" means a person receiving service,
23maintenance, or repair under a service contract. The term does
24not include a person engaged in business for profit if the
25person enters into the service contract as part of the person's
26business activities.
27     (c)  "Seller" means a person providing service,
28maintenance, or repair under a service contract.
29     (2)  SERVICE CONTRACTS WITH AUTOMATIC RENEWAL PROVISIONS.--
30     (a)  Any person, firm, partnership, association, or
31corporation engaged in commerce that sells, leases, or offers to
32sell or lease any product or service to a consumer pursuant to a
33service contract that automatically renews unless the consumer
34cancels the contract shall disclose the automatic renewal
35provision clearly and conspicuously in the contract or contract
36offer.
37     (b)  Any person, firm, partnership, association, or
38corporation that sells or offers to sell any product or service
39to a consumer pursuant to a service contract the term of which
40is a specified term of 12 months or more and that automatically
41renews for a specified term of more than 1 month unless the
42consumer cancels the contract shall notify the consumer in
43writing of the automatic renewal provision. Written notice shall
44be provided to the consumer no less than 30 days and no more
45than 60 days before the cancellation deadline pursuant to the
46automatic renewal provision. Such written notice shall disclose
47clearly and conspicuously:
48     1.  That unless the consumer cancels the contract, the
49contract will automatically renew.
50     2.  Methods by which the consumer may obtain details of the
51automatic renewal provision and cancellation procedure, whether
52by contacting the seller at a specified telephone number or
53address, by referring to the contract, or by any other method.
54     (c)  A person, firm, partnership, association, or
55corporation that fails to comply with the requirements of this
56subsection is in violation of this subsection unless the person,
57firm, partnership, association, or corporation demonstrates
58that:
59     1.  As part of its routine business practice, it has
60established and implemented written procedures to comply with
61this section and enforces compliance with the procedures.
62     2.  Any failure to comply with this subsection is the
63result of error.
64     3.  As part of its routine business practice, where an
65error has caused the failure to comply with this subsection, it
66provides a full refund or credit for all amounts billed to or
67paid by the consumer from the date of the renewal until the date
68of the termination of the contract or the date of the subsequent
69notice of renewal, whichever occurs first.
70     (d)  This subsection does not apply to banks, trust
71companies, savings and loan associations, savings banks, or
72credit unions licensed or organized under the laws of any state
73of the United States; any foreign bank maintaining a branch or
74agency licensed under the laws of any state of the United
75States; or any subsidiary or affiliate thereof.
76     (e)  A violation of this subsection renders the automatic
77renewal provision void and unenforceable.
78     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.