Opt-In or Else: Maryland Introduces Negative Option Bill
Maryland is considering a ban on negative option plans after a bill restricting its use to Maryland consumers was recently introduced. If approved to become law, the bill will require merchants to obtain express consent before billing consumers using a negative option feature. Therefore, marketers would be required to obtain express affirmative consent prior to beginning to bill a consumer for consecutive periods until the consumer cancels. A similar bill was introduced last year, but did not progress. Arent Fox will continue to monitor the progress of this legislation.