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GA HB697

Bill

Official Source

Status

Passed

4/26/2016

Primary Sponsor

Tom Kirby

Click for details

Origin

House of Representatives

2015-2016 Regular Session

AI Summary

  • Prohibits sellers from charging consumers for goods, wares, or merchandise after a free trial period expires unless the consumer provides affirmative oral, written, or electronic assent to continue receiving the items on a paid basis
  • Deems any merchandise received after a free trial period without the consumer's affirmative consent an unconditional gift that the recipient may use or dispose of freely with no obligation to the sender
  • Classifies violations as breaches of Georgia's Fair Business Practices Act of 1975, making all remedies under that act available to affected consumers
  • Authorizes the Georgia Attorney General to take enforcement action against violators under the same authority granted for Fair Business Practices Act violations
  • Removes the prior private remedy allowing recipients to seek injunctions and attorneys' fees against senders of continued billing for unsolicited goods, replacing it with the broader Fair Business Practices Act enforcement framework

Legislative Description

Unsolicited merchandise; solicitors to receive from consumers affirmative assent to continued receipt of certain merchandise following a free trial before charging; require

Last Action

Effective Date

7/1/2016

Committee Referrals

Agriculture and Consumer Affairs2/10/2016
Agriculture and Consumer Affairs4/2/2015

Full Bill Text

No bill text available