California passes legislation on automatic subscriptions
On October 4, the California governor signed AB 390, which amends and adds Section 17602 of the Business and Professions Code regarding automatic subscription renewals. The law applies to businesses conducting automatic renewal or continuous services offers to California customers. Among other things, the bill requires that: (i) notice be provided at least 3 days before and at most 21 days before the expiration of the period for which a fee gift or trial, or promotional or discounted price, applies; (ii) notice be provided at least 15 days and not more than 45 days before the automatic renewal offer or continuous service offer renews; and (iii) a business allow a consumer to terminate the automatic renewal or continuous service offer without engaging in steps that may delay the consumer’s ability to immediately terminate the policy. The bill also specifies that a “‘free gift’ does not include a free promotional item or gift given by the business that differs from the subscribed product.” The law takes effect July 1, 2022.