New Jersey S 2062: Imposes certain requirements on businesses that make automatic renewal or continuous service offers.

Bill Text

S2062 

SENATE, No. 2062 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator VINCENT J. POLISTINA

District 2 (Atlantic)

SYNOPSIS

���� Imposes certain requirements on businesses that make 
automatic renewal or continuous service offers.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning automatic renewal or continuous 
service offers and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� a.� Every business that 
makes an automatic renewal offer or continuous service offer to a consumer in 
this State shall:

���� (1)�� present the automatic 
renewal offer terms or continuous service offer terms in a clear and 
conspicuous manner before the subscription or purchasing agreement is fulfilled 
and in visual proximity, or in the case of an offer conveyed by voice, in 
temporal proximity, to the request for consent to the offer.� If the offer also 
includes a free gift or trial, the offer shall include a clear and conspicuous 
explanation of the price that will be charged after the trial ends or the 
manner in which the subscription or purchasing agreement pricing will change 
upon conclusion of the trial; 

���� (2)�� obtain the consumer�s 
affirmative consent to the agreement containing the automatic renewal offer 
terms or continuous service offer terms, including the terms of an automatic 
renewal offer or continuous service offer that is made at a promotional or discounted 
price for a limited period of time, prior to charging the consumer�s credit or 
debit card or the consumer�s account with a third party for an automatic 
renewal or continuous service; and

���� (3)�� provide an 
acknowledgment that includes the automatic renewal offer terms or continuous 
service offer terms, cancellation policy, and information regarding how to 
cancel 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 business shall also disclose in the acknowledgement how to cancel, 
and allow the consumer to cancel, the automatic renewal or continuous service 
before the consumer pays for the goods or services. 

���� b.��� A business that makes an 
automatic service offer or continuous service offer shall provide a toll-free 
telephone number, electronic mail address, postal address if the seller 
directly bills the consumer, or another cost-effective, timely, and easy-to-use 
mechanism for cancellation that shall be described in the acknowledgement 
pursuant to paragraph (3) of subsection a. of this section. 

���� c.���� In addition to the 
requirements contained in subsection b. of this section, a consumer who accepts 
an automatic renewal or continuous service offer online shall be allowed to 
terminate the automatic renewal or continuous service exclusively online, which 
may include a termination email formatted and provided by the business that a 
consumer may send to the business without additional information. 

���� d.��� In the case of a 
material change in the terms of the automatic renewal or continuous service 
that has been previously accepted by a consumer, the business shall provide the 
consumer with clear and conspicuous notice of the material change and provide 
information regarding how to cancel in a manner that is capable of being 
retained by the consumer. 

���� e.���� The requirements 
imposed pursuant to this section shall only apply prior to the completion of 
the initial order for the automatic renewal or continuous service, except that 
the requirement contained in paragraph (3) of subsection a. of this section may 
be fulfilled after completion of the initial order and the requirement 
contained in subsection d. of this section shall be fulfilled prior to the 
implementation of the material change. 

���� f.���� In any case where a 
business sends any goods, wares, merchandise, or products to a consumer under 
an automatic renewal or continuous service agreement without first obtaining 
the consumer�s affirmative consent pursuant to this section, the goods, wares, merchandise, 
or products shall be deemed an unconditional gift to the consumer.� The 
consumer may dispose of the goods, wares, merchandise, or products in any 
manner without any obligation to the business including, but not limited to, 
bearing the cost or responsibility for shipping the goods, wares, merchandise, 
or products to the business.� If the consumer has been charged for the goods, 
wares, merchandise, or products, the business shall provide a full refund to 
the consumer within 30 days of the request for a refund by the consumer. 

���� g.��� A violation of this 
section shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et 
seq.).

���� h.��� As used in this section: 

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