Section 45.45.930. Opt-out marketing plans.

   (a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not use an opt-out marketing plan to sell goods or services unless the seller complies with all of the provisions of this section.
   (b) Before using an opt-out marketing plan, a seller shall obtain express verifiable consent from the buyer that confirms that the buyer agrees to the use of the plan. The seller shall provide the following information before obtaining the consent:
        (1) a description of the material terms and conditions of the plan, including a description of the goods or services that will be offered;
        (2) that the buyer's account will be charged unless the buyer takes an affirmative action to avoid the charge;
        (3) the date the charge will be submitted for payment; and
        (4) the specific steps the buyer must take to avoid the charge.
   (c) A seller who charges a buyer for goods or services under an opt-out marketing plan has the burden of proving that the buyer provided the express verifiable consent required by (b) of this section and was given the disclosures required by (b) of this section.
   (d) This section does not apply to a telephonic seller who is registered under AS 45.63 and who complies with AS 45.63.
   (e) In this section,
        (1) "opt-out marketing plan"
             (A) means an arrangement under which a seller provides, without the buyer's express verifiable consent, a notice to a buyer that identifies goods or services that the seller intends to provide to the buyer and to charge the buyer for, unless, by a specific date or within a specific time frame, the buyer notifies the seller not to provide the goods or services;
             (B) does not include a prenotification negative option plan that is regulated by and complies with 16 C.F.R. Part 425;
        (2) "seller" includes a person who engages in the business of selling, contracting for the sale of, or arranging for the sale of goods or services.

Authorities

45.50.471

Notes

Recent Bills that will modify this

SB 35 2015 REVISOR'S BILL

References

AS 45.50.471 Unlawful acts and practices.

History

(Sec. 1 ch 57 SLA 2004; am Sec. 46 ch 22 SLA 2015)