§ 2470kk. Required disclosures; consent
(a) No person shall charge or attempt to charge a consumer for an add-on discount membership program, or to renew an add-on discount membership program beyond the term expressly agreed to by the consumer, unless:
(1) before obtaining the consumer's billing information, the person has clearly and conspicuously disclosed to the consumer all material terms of the transaction, including:
(A) a description of the types of goods and services on which a discount is available;
(B) the name of the add-on discount membership program, the name and address of the seller of the program, and a telephone number, e-mail address, or other contact information the consumer may use to contact the seller with questions concerning the operation of the program;
(C) the cost of the program, including the amount of any periodic charges, how often such charges are imposed, and the method of payment; and
(D) the right to cancel and to terminate the program, which shall be no more restrictive than as required by section 2470ll of this title, and a toll-free telephone number and e-mail address that can be used to cancel the membership;
(2) before obtaining the consumer's billing information, the person has received express informed consent for the add-on membership program from the consumer whose credit or debit card, bank, or other account will be charged, by requiring the consumer to perform an additional affirmative action, such as clicking on an online confirmation button, checking an online box that indicates the consumer's consent to be charged the amount disclosed, or expressly giving consent over the telephone; and
(3) after providing the disclosures and obtaining the consent required by subdivisions (1) and (2) of this subsection, obtaining from the consumer:
(A) the consumer's billing information; and
(B) the consumer's name and address, and a means to contact the consumer.
(b) A person who sells an add-on discount membership program shall retain evidence of a consumer's express informed consent for at least three years after the consent is given.
(c) A person who sells an add-on discount membership program shall provide to a consumer on the receipt for the underlying good or service:
(1) confirmation that the consumer has signed up for a discount membership program;
(2) the price the consumer will be charged for the program;
(3) the date on which the consumer will first be charged for the program;
(4) the frequency of charges for the program; and
(5) information concerning the consumer's right to cancel the program and a toll-free telephone number, address, and e-mail address a consumer may use to cancel the program. (Added 2015, No. 128 (Adj. Sess.), § E.2.)