HB 21-1239

  • Colorado House Bill
  • 2021 Regular Session
  • Introduced in House May 10, 2021
  • Passed House May 07, 2021
  • Passed Senate May 21, 2021
  • Signed by Governor Jul 02, 2021

Protections In Consumer Sales Transactions

Abstract

Each contract for a dating, matrimonial, or personal referral service (social referral service) must provide that the buyer may cancel the contract by providing written notice to the seller within 3 business days after the date upon which the buyer receives a copy of the written contract or the date upon which the social referral service is made available to the buyer, whichever is later.A seller of a social referral service must disclose to buyers certain information regarding the buyers' right to cancel the service. A seller that receives a timely notice of cancellation from a buyer must refund to the buyer all money paid by the buyer pursuant to the contract within 10 business days after receiving the notice of cancellation.The bill states that, in addition to any other right to revoke an offer, a buyer has the right to cancel a dating service contract until midnight of the third business day after the day on which the buyer signs the contract.A dating service contract must be set forth in writing, which, in the case of an online dating service contract, may be an electronic writing made available for viewing online. Each dating service contract must contain on its face, in close proximity to the space reserved for the signature of the buyer, a conspicuous statement concerning the buyer's right to cancel the contract.A dating service contract may not require payments or financing by the buyer over a period exceeding 2 years after the date the contract is entered into, nor may the term of any such contract be measured by the life of the buyer.Each dating service contract must contain language providing that: If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, so long as the buyer or the buyer's estate provides written verification of the death or disability to the dating service; If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or the buyer's representative; and If the physician verifying the buyer's disability determines that the duration of the disability will be less than 6 months, the dating service may extend the term of the contract for a period of 6 months at no additional charge to the buyer in lieu of cancellation. If a dating service provides services within a limited geographical area, and a buyer relocates the buyer's primary residence more than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to the relocation, and if the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer.An online dating service shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from a banned member. The notice must include certain information concerning the banned member and how to avoid online fraud. A person that makes an automatic renewal offer contract to a consumer in this state must: Present the terms in a clear and conspicuous manner; Obtain the consumer's affirmative consent to the agreement contract before charging the consumer; Provide the consumer a written acknowledgment that includes the offer contract terms, the cancellation policy, and information regarding how to cancel; and Provide a simple, cost-effective, timely, and easy-to-use mechanism for canceling the agreement contract . A person that sells a good or service to a consumer pursuant to a an automatic renewal contract with an initial term of 12 months, which contract will automatically renew for any additional term, must notify the consumer of that the automatic renewal at least contract will automatically renew unless the consumer cancels the contract. The notice must be sent no more than 30 days before the first automatic renewal and no more than 60 30 days before the cancellation deadline for the first automatic renewal and each subsequent automatic renewal. A person that sells a consumer a contract with a trial period offer, which contract will renew at the end of a trial period offer, shall satisfy similar requirements. Notify the consumer of the automatic renewal at least 15 and no more than 30 days before the expiration of the trial period offer; and Obtain the consumer's affirmative consent to the automatic renewal before charging the consumer for the automatic renewal. The bill exempts certain persons from the new provisions concerning automatic renewal offers contracts . (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Bill Sponsors (3)

Votes


Actions


Jul 02, 2021

Office of the Governor

Governor Signed

Jun 11, 2021

Office of the Governor

Sent to the Governor

House

Signed by the Speaker of the House

Senate

Signed by the President of the Senate

May 24, 2021

House

House Considered Senate Amendments - Result was to Concur - Repass

May 22, 2021

House

House Considered Senate Amendments - Result was to Laid Over Daily

May 21, 2021

Senate

Senate Third Reading Passed - No Amendments

May 20, 2021

Senate

Senate Second Reading Special Order - Passed with Amendments - Committee, Floor

May 19, 2021

Senate

Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Senate Committee of the Whole Business, Labor, & Technology

May 10, 2021

Senate

Introduced In Senate - Assigned to Business, Labor, & Technology

  • Introduction
Business, Labor, & Technology

May 07, 2021

House

House Third Reading Passed - No Amendments

May 06, 2021

House

House Second Reading Passed with Amendments - Committee, Floor

May 03, 2021

House

House Second Reading Laid Over to 05/06/2021 - No Amendments

Apr 28, 2021

House

House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
House Committee of the Whole

Apr 15, 2021

House

House Committee on Business Affairs & Labor Witness Testimony and/or Committee Discussion Only

Mar 23, 2021

House

Introduced In House - Assigned to Business Affairs & Labor

  • Introduction
Business Affairs & Labor

Bill Text

Bill Text Versions Format
Signed Act (07/02/2021) PDF
Final Act (06/09/2021) PDF
Rerevised (05/21/2021) PDF
Revised (05/20/2021) PDF
Reengrossed (05/07/2021) PDF
Engrossed (05/06/2021) PDF
Introduced (03/23/2021) PDF
PA2 (05/20/2021) PDF
PA1 (04/29/2021) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note FN1 (04/07/2021) PDF
Fiscal Note FN2 (05/13/2021) PDF

Sources

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