Sec. 1. 10 MRSA c. 205-A is enacted to read:

CHAPTER 205-A

REQUIRED DISCLOSURES TO CONSUMERS

§1210.__Charges after trial period

A merchant may not charge a consumer for a good or service after a trial period unless, prior to the charge, the consumer expressly agrees to be charged for the good or service if the consumer does not cancel the sale.__At least 15 days prior to any charge, the merchant shall provide a consumer with a clearly written description of the agreement, the service or product being purchased, the amount being charged and the date the consumer will be charged for the good or service if the consumer does not cancel the sale.__This notice also must provide the specific steps by which the consumer can cancel the agreement by both mail and telephone.__The merchant has the burden of proving that the consumer expressly agreed to this arrangement and that the required written notices were provided.

§1210-A.__Violation

A person who violates this chapter commits an unfair and deceptive act and a violation of Title 5, section 207.

SUMMARY

This bill prohibits so-called "negative option sales" to prohibit a merchant from charging a consumer for a good or service after a trial period unless the consumer expressly agrees to be charged for the good or service if the consumer does not affirmatively cancel the sale. A violation is an unfair and deceptive act.