Section 42-158ff - Automatic renewal and continuous services provisions in consumer agreements. Definitions. Requirements. Disclosures. Termination(a) For the purposes of this section: (1) "Automatic renewal provision" means any provision that is included in a consumer agreement under which a business that is a party to such agreement may renew such agreement without any action on the part of a consumer who is a party to such agreement;(2) "Business" means any individual or sole proprietorship, partnership, firm, corporation, trust, limited liability company, limited liability partnership, joint stock company, joint venture, association or other legal entity through which commerce for profit or not for profit is conducted;(3) "Consumer" means any individual who is a resident of this state and a prospective recipient of consumer goods or consumer services;(4) "Consumer agreement" means any verbal, telephonic, written or electronic agreement, initially entered into or amended on or after October 1, 2023, between a business and a consumer under which a business agrees to provide consumer goods or consumer services to a consumer. "Consumer agreement" does not include any such agreement (A) concerning any service provided by a business or its affiliate where either the business or its affiliate is doing business pursuant to (i) a franchise issued by a political subdivision of the state, or (ii) a license, franchise, certificate or other authorization issued by the Public Utilities Regulatory Authority, (B) concerning any service provided by a business or its affiliate where either the business or its affiliate is regulated by the Public Utilities Regulatory Authority, the Federal Communications Commission or the Federal Energy Regulatory Commission, (C) with any entity regulated by the Insurance Department or an affiliate of such entity, (D) with any bank, out-of-state bank, bank holding company, Connecticut credit union, federal credit union or out-of-state credit union, as said terms are defined in section 36a-2, or any subsidiary thereof, or (E) concerning any global or national service largely or predominately consisting of audiovisual content;(5) "Consumer good" means any article that is purchased, leased, exchanged or received primarily for personal, family or household purposes;(6) "Consumer service" means any service that is purchased, leased, exchanged or received primarily for personal, family or household purposes; and(7) "Continuous services provision" means any provision that is included in a consumer agreement under which a business that is a party to such agreement may continue to provide consumer services to a consumer who is a party to such agreement until the consumer takes action to prevent or terminate such business's provision of such consumer services under such agreement.(b)(1) No business shall enter into, or offer to enter into, a consumer agreement with a consumer if such agreement includes an automatic renewal provision or a continuous services provision, unless: (A) Such business establishes and maintains a toll-free telephone number, an electronic mail address or postal address, or the online means required under subsection (d) of this section, which the consumer may use to prevent automatic renewal or prevent or terminate continuous consumer services;(B) Where such consumer agreement contains an automatic renewal provision, such business discloses to the consumer, electronically, verbally, telephonically or in writing in the manner specified in subdivision (2) of this subsection and before such automatic renewal, (i) that the business will automatically renew such agreement until such consumer takes action to prevent such automatic renewal, (ii) a description of the actions such consumer is required to take to prevent any automatic renewal of such agreement and, if disclosed electronically, a link or other electronic means such consumer may use to take such actions as described in subsection (d) of this section, (iii) all recurring charges that will be charged to the consumer's credit card, debit card or third-party payment account for any automatic renewal of such agreement and, if the amount of such charges is subject to change, the amount of such change if known by such business, (iv) the length of any automatic renewal term for such agreement unless the consumer selects the length of such term, (v) any additional provisions concerning such renewal term, (vi) any minimum purchase obligation, and (vii) contact information for such business;(C) Where such consumer agreement contains a continuous services provision, such business discloses to the consumer, electronically, verbally, telephonically or in writing in the manner specified in subdivision (2) of this subsection and before such consumer enters into such agreement, (i) that the business will provide continuous consumer services under such agreement until such consumer takes action to prevent or terminate such continuous consumer services, (ii) a description of the actions such consumer is required to take to prevent or terminate such continuous consumer services, (iii) all recurring charges that will be charged to the consumer's credit card, debit card or third-party payment account for such continuous consumer services and, if the amount of such charges is subject to change, the amount of such change if known by such business, (iv) the duration of such continuous consumer services, (v) any additional provisions concerning such continuous consumer services, (vi) any minimum purchase obligation, and (vii) contact information for such business;(D) If such business intends to make any material change in the terms of such automatic renewal provision or continuous services provision, such business discloses to the consumer, electronically, verbally, telephonically or in writing in the manner specified in subdivision (2) of this subsection and before such business makes such material change, the material change and a description of the actions such consumer is required to take to cancel such automatic renewal or terminate such continuous consumer services;(E) If such consumer agreement includes a free gift or trial period, such business discloses to the consumer, electronically, verbally, telephonically or in writing in the manner specified in subdivision (2) of this subsection before such consumer enters into such agreement, (i) the price that such consumer will be charged following expiration of such period, and (ii) any manner in which the pricing for such agreement will change following expiration of such period; and(F)(i) Except as provided in subparagraph (F)(iii) of this subdivision, if such consumer agreement is offered electronically or telephonically and includes a free gift or trial period, or a discounted or promotional price period, such business discloses to the consumer, electronically or telephonically in the manner specified in subdivision (2) of this subsection and not later than the time specified in subparagraph (F)(ii) of this subdivision, (I) that such business will automatically renew, or provide continuous consumer services under, such agreement until such consumer takes action to prevent such automatic renewal or prevent or terminate such continuous consumer services, (II) the duration of such automatic renewal term or continuous consumer services, (III) any additional provisions concerning such renewal term or continuous consumer services, (IV) a description of the actions such consumer is required to take to prevent such automatic renewal or prevent or terminate such continuous consumer services, and (V) if such agreement is offered electronically, a prominently displayed direct link or button, or an electronic mail message, required under subsection (d) of this section.(ii) Except as provided in subparagraph (F)(iii) of this subdivision, if such business is required to make a disclosure pursuant to subparagraph (F)(i) of this subdivision, such business makes such disclosure (I) where the free gift or trial period, or discounted or promotional price period, is at least thirty-two days in duration, at least twenty-one days after such period commences and not earlier than three days before such period expires, or (II) where the free gift or trial period, or discounted or promotional price period, is at least one year in duration, at least fifteen days but not more than forty-five days before such period expires.(iii) Such business shall not be required to make the disclosure required under subparagraph (F)(i) or (F)(ii) of this subdivision if such business has not collected, or does not maintain, the consumer's electronic mail address or telephone number, as applicable, and is unable to make such disclosure to such consumer by other electronic means. For the purposes of subparagraphs (E) and (F) of this subdivision, "free gift" does not include a free promotional item or gift that a business gives to a consumer if such item or gift differs from the consumer goods or consumer services that are the subject of the consumer agreement between the business and the consumer.(2) Each business that is required to make any disclosure under subdivision (1) of this subsection shall: (A) If the consumer agreement is offered, or entered into, electronically or in writing, make such disclosure (i) in a manner that may be retained by the consumer, and (ii) in text that is (I) larger than the size of any surrounding text, or (II) the same size as the surrounding text but in a typeface, font or color that contrasts with such surrounding text or is set off from such surrounding text by symbols or other marks that draw the consumer's attention to such disclosure; or(B) If the consumer agreement is offered, or entered into, verbally or telephonically, make such disclosure in a volume and cadence that is readily audible to, and understandable by, the consumer.(c) No business that enters into, or offers to enter into, a consumer agreement that includes an automatic renewal provision or a continuous services provision shall charge the consumer's credit card, debit card or third-party payment account for any automatic renewal or continuous consumer services, regardless of whether such renewal or continuous consumer services are offered or provided at a promotional or discounted price, unless such business has obtained such consumer's affirmative consent to such renewal or continuous consumer services.(d)(1) Each business that enters into a consumer agreement online shall, if such agreement includes an automatic renewal provision or continuous services provision, allow the consumer to take any action necessary to prevent such automatic renewal or prevent or terminate such continuous consumer services online and without requiring such consumer to take any offline action to prevent such automatic renewal or prevent or terminate such continuous consumer services. No business that is subject to the provisions of this subdivision shall take any action to obstruct or delay a consumer's efforts to prevent automatic renewal of, or prevent or terminate provision of continuous consumer services under, a consumer agreement pursuant to this subdivision. Each business that is subject to the provisions of this subdivision shall enable a consumer to prevent automatic renewal of, or prevent or terminate provision of continuous consumer services under, a consumer agreement pursuant to this subdivision by way of: (A) A prominently displayed direct link or button, which may be located within the consumer's (i) account or profile, or (ii) device or user settings; or(B) An electronic mail message from the business to the consumer, which is immediately accessible by the consumer and to which the consumer may reply without obtaining any additional information.(2) Notwithstanding subdivision (1) of this subsection, a business may require a consumer who maintains an account with the business to enter the consumer's account information, or otherwise authenticate such consumer's identity, online before such consumer may take any action to prevent automatic renewal of, or prevent or terminate provision of continuous consumer services under, a consumer agreement pursuant to subdivision (1) of this subsection. No consumer who is unwilling or unable to enter the consumer's account information, or otherwise authenticate such consumer's identity, online under this subdivision shall be precluded from authenticating such consumer's identity, or taking action to prevent such automatic renewal or prevent or terminate provision of continuous consumer services, offline by any other method set forth in subparagraph (A) of subdivision (1) of subsection (b) of this section.(e) Nothing in this section shall be construed to create a private right of action.Conn. Gen. Stat. § 42-158ff
Amended by P.A. 23-0205,S. 156 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.Added by P.A. 23-0191,S. 1 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.