Virginia subscription auto-renewal law
Effective January 1, 2019 (2018, c. 704) · Last reviewed 2026-06-26
The statute
Va. Code Ann. §§ 59.1-207.45 through 59.1-207.49 (Title 59.1, Chapter 17.8 — Automatic Renewal Offers and Continuous Service Offers)
Effective January 1, 2019 (2018, c. 704)
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2024 Va. Acts (HB 744), amending Va. Code Ann. § 59.1-207.46 — added notice requirement for automatic renewal terms extending beyond 12 months and expanded 'consumer' definition to include small businesses
Effective July 1, 2024
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2025 Va. Acts (HB 1022 / SB 493), amending Va. Code Ann. §§ 59.1-200 and 59.1-207.45 through 59.1-207.49 — channel-symmetry cancellation mandate, updated 'clear and conspicuous' definition for electronic platforms, replacement of 'supplier' with 'seller', elimination of good-faith compliance defense, modification of exemptions
Effective July 1, 2026
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What it addresses
Each requirement below is stated in plain English first, then cited to the statute so you can read the primary source.
Disclosure before purchase
Section 59.1-207.46(A)(1) prohibits a seller from failing, prior to completion of the initial order for an automatic renewal or continuous service, to present the automatic renewal offer terms or continuous service offer terms clearly and conspicuously before the consumer becomes obligated on the offer, and in visual proximity — or, for voice offers, in temporal proximity — to the request for the consumer's consent. 'Automatic renewal offer terms' as defined in § 59.1-207.45 must include: (1) that the subscription continues until the consumer cancels; (2) the cancellation policy; (3) the recurring charges, including whether and to what amount they may change; (4) the length of the renewal term or that service is continuous; and (5) any minimum purchase obligation. Effective July 1, 2026 (HB 1022/SB 493), the definition of 'clear and conspicuous' is amended to add parameters specific to interactive electronic platforms such as websites and mobile applications.
Va. Code Ann. § 59.1-207.46(A)(1); definitions at § 59.1-207.45Read the statute →
Affirmative consent
Section 59.1-207.46(A)(2) prohibits a seller, prior to completion of the initial order, from charging a consumer's credit or debit card or third-party payment account for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms. This prohibition applies to the initial charge; the consumer must affirmatively agree before any charge is initiated.
Va. Code Ann. § 59.1-207.46(A)(2)Read the statute →
Acknowledgment / confirmation
Section 59.1-207.46(A)(3) prohibits a seller from failing to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, the cancellation policy, and information regarding how to cancel, in a manner capable of being retained by the consumer. Where the offer includes a free trial, the acknowledgment must additionally disclose how to cancel the free trial before the consumer pays or becomes obligated to pay for the goods or services. The acknowledgment must be provided to all consumers, not only those who sign up online.
Va. Code Ann. § 59.1-207.46(A)(3)Read the statute →
Cancellation mechanism
Section 59.1-207.46(B) requires a seller making automatic renewal or continuous service offers to provide a toll-free telephone number, an electronic mail address, a postal address (only when the seller directly bills the consumer), or another cost-effective, timely, and easy-to-use cancellation mechanism described in the acknowledgment. A seller offering through an online website must separately make available a conspicuous online option to cancel a recurring purchase. Effective July 1, 2026 (HB 1022/SB 493 amendment), the statute imposes channel-symmetry: the seller must provide a 'simple' cancellation mechanism through each channel used for enrollment, and each such cancellation mechanism must be at least as easy to use as the corresponding sign-up method. The prior good-faith compliance defense is eliminated as of that date.
Va. Code Ann. § 59.1-207.46(B); as amended effective July 1, 2026 by 2025 Va. Acts (HB 1022/SB 493)Read the statute →
Renewal reminder
As added by 2024 Va. Acts (HB 744, effective July 1, 2024), § 59.1-207.46 requires that where an automatic renewal term extends beyond 12 months, the seller must provide advance notice to the consumer before the renewal deadline. The notice must disclose: (1) that the subscription or purchasing agreement will automatically renew unless the consumer cancels; (2) the deadline by which the consumer must cancel to avoid renewal; (3) the method by which the consumer may cancel; and (4) the renewal terms. Multiple secondary sources report the required notice window as 30 to 60 days before the renewal deadline; the exact day-range should be verified against the amended primary statutory text (see caveat).
Va. Code Ann. § 59.1-207.46, as amended by 2024 Va. Acts (HB 744)Read the statute →
Free-trial conversion notice
Section 59.1-207.46(A)(3) requires that where an offer includes a free trial, the required post-enrollment acknowledgment must specifically disclose how the consumer may cancel the free trial before the consumer pays or becomes obligated to pay for the goods or services. This disclosure is required in the acknowledgment (which must be retainable by the consumer), in addition to the general cancellation policy and cancellation instructions already required in the acknowledgment for all automatic renewal offers.
Va. Code Ann. § 59.1-207.46(A)(3)Read the statute →
Penalties and enforcement
Violations of Chapter 17.8 constitute prohibited practices under the Virginia Consumer Protection Act (VCPA), Va. Code Ann. § 59.1-200, subject to the enforcement provisions of §§ 59.1-196 et seq. Civil penalty: up to $2,500 per willful violation under § 59.1-206, recoverable by the Attorney General, attorney for the Commonwealth, or local attorney for the county, city, or town; up to $5,000 per willful second-or-subsequent violation of enumerated VCPA subdivisions. Private right of action (§ 59.1-204): actual damages or $500, whichever is greater; treble damages up to 3× actual damages or $1,000 minimum for willful violations; plus reasonable attorney fees and court costs. Gift remedy (§ 59.1-207.47): goods or products sent to a consumer under a continuous service agreement or automatic renewal without required affirmative consent are deemed an unconditional gift — the consumer has no obligation to return or pay for them. Sources: https://law.lis.virginia.gov/vacode/59.1-206/ ; https://law.lis.virginia.gov/vacode/59.1-204/ ; https://law.lis.virginia.gov/vacode/title59.1/chapter17.8/section59.1-207.49/ ; https://law.lis.virginia.gov/vacode/title59.1/chapter17.8/section59.1-207.47/
No specific AG enforcement actions or certified class-action suits targeting Virginia Chapter 17.8 specifically were identified in this research session as of June 2026. The 2026 HB 1022/SB 493 amendments took effect July 1, 2026 — one day after this research date — so enforcement posture under the amended statute (including the eliminated good-faith defense and the channel-symmetry mandate) is not yet documented. Greenberg Traurig's May 2026 client alert (republished in National Law Review, June 26, 2026) flagged the channel-symmetry cancellation requirement and the removal of the good-faith defense as the primary new compliance risks. See: https://natlawreview.com/article/virginia-enacts-automatic-renewal-consumer-protection-law and https://www.gtlaw.com/en/insights/2026/5/virginia-enacts-automatic-renewal-consumer-protection-law
Caveats
(1) Section 59.1-207.46(C), which addresses material changes in automatic renewal or continuous service offer terms, was partially retrieved from the primary statute (confirming a 'material change' provision exists) but its complete text was not confirmed in this session. A price_change_notice requirement may exist in that subsection; it is OMITTED here rather than fabricated. Direct verification against the current text at law.lis.virginia.gov is recommended before treating price-change notice as absent. (2) The 30-to-60-day renewal notice window for long-term contracts (terms extending beyond 12 months) under HB 744 is reported in multiple secondary source summaries but was not confirmed verbatim from the primary amended statute text; the existence of a pre-renewal notice requirement for such terms is confirmed, but the exact day-range should be verified against the live statute. (3) The HB 1022/SB 493 amendments take effect July 1, 2026; as of June 26, 2026 the authoritative text at law.lis.virginia.gov may not yet reflect the 2026 changes — confirm against the enrolled bill or Virginia Acts of Assembly. (4) Virginia's law unusually applies to some B2B transactions: the definition of 'consumer' in § 59.1-207.45 explicitly includes 'small businesses' as defined therein. Most peer state auto-renewal laws are B2C only. (5) Several categories of entities are exempt under § 59.1-207.48, including suppliers or affiliates operating under a franchise issued by a political subdivision, certain entities regulated by state agencies, insurers regulated under Title 38.2, and health clubs registered under the Virginia Health Club Act (§ 59.1-294 et seq.). The 2026 amendment narrows some of these exemptions; verify applicability for any regulated-industry entity. (6) 'Automatic renewal' under § 59.1-207.45 is defined to require a subsequent term of more than one month — monthly-to-monthly renewals are covered; the statute is not limited to annual contracts.
Last reviewed 2026-06-26
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