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