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Unsubscribe Act of 2021
12/30/2022, 5:47 PM
Summary of Bill HR 3953
Under the Unsubscribe Act of 2021, companies would be required to include an unsubscribe link or button in all marketing emails, making it simple for recipients to opt out of future communications. Failure to comply with these regulations could result in penalties for the company, including fines and other enforcement actions.
The bill also includes provisions to prevent companies from re-subscribing individuals who have previously opted out of their mailing lists, ensuring that consumers have control over the emails they receive. Additionally, the Unsubscribe Act of 2021 aims to improve transparency and accountability in email marketing practices, ultimately enhancing consumer trust and privacy. Overall, Bill 117 HR 3953 seeks to empower individuals to manage their email preferences and reduce the prevalence of spam in their inboxes. By promoting responsible email marketing practices, the Unsubscribe Act of 2021 aims to create a more positive and respectful online experience for consumers.
Congressional Summary of HR 3953
Unsubscribe Act of 2021
This bill requires that certain consumer protections are included in negative option agreements (i.e., an agreement under which a consumer's failure to take an affirmative action is considered approval to be charged for goods or services). These agreements are prohibited unless the terms provide the consumer with a way to cancel the agreement, in the same manner by which the agreement was entered, before incurring further or increased charges.
Further, under free-to-pay conversion contracts, where a consumer is charged a nominal introductory rate and an increased rate after the introductory period ends, the provider of the good or service must require the consumer to perform an additional action, like clicking a confirmation button, before the increased rate takes effect.
The bill also requires that certain notifications are provided to consumers in the context of other forms of negative option agreements online, such as notice between two and seven days before an automatic renewal.
The bill provides for enforcement of these requirements by the Federal Trade Commission and state attorneys general.
