I 
116TH CONGRESS 
1ST SESSION H. R. 2683 
To increase consumer protection with respect to negative option agreements 
entered into on the Internet, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2019 
Mr. TAKANO introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To increase consumer protection with respect to negative 
option agreements entered into on the Internet, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unsubscribe Act of 
2019’’. 
SEC. 2. INCREASED CONSUMER PROTECTION WITH RE-
SPECT TO NEGATIVE OPTION AGREEMENTS 
ENTERED INTO ON THE INTERNET. 
(a) CANCELLATION OF NEGATIVE OPTION AGREE-
MENTS.—No person may enter into a negative option 
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creased amount for the good or service; 
and 
(B) before the initial charge or initial in-
crease after the introductory period, the person 
requires the consumer to perform an additional 
affirmative action, such as clicking on a con-
firmation button or checking a box, which indi-
cates the consumer’s consent to be charged the 
amount disclosed. 
(2) MANDATORY NOTIFICATIONS.—After the in-
troductory period in a free-to-pay conversion con-
tract entered into on the Internet between any per-
son and any consumer, and on a quarterly basis 
while the contract remains in effect, the person shall 
provide the consumer with a copy of the notification 
of the terms of the contract. 
(c) MANDATORY NOTIFICATIONS WITH RESPECT TO 
OTHER NEGATIVE OPTION AGREEMENTS.— 
(1) AUTOMATIC RENEWAL CONTRACTS.—With 
respect to an automatic renewal contract entered 
into on the Internet between any person and any 
consumer— 
(A) not later than 30 days before the end 
of the initial fixed period in the contract, the 
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person shall provide the consumer with a notifi-
cation of the terms of the contract; and 
(B) after the initial fixed period in the con-
tract, and on a quarterly basis while the con-
tract remains in effect, the person shall provide 
the consumer with a copy of the notification of 
the terms of the contract. 
(2) CONTINUITY PLAN CONTRACTS.—With re-
spect to a continuity plan contract entered into on 
the Internet between any person and any consumer, 
the person shall provide the consumer with a copy 
of the notification of the terms of the contract on a 
quarterly basis while the contract remains in effect. 
(d) MANDATORY NOTIFICATIONS WITH RESPECT TO 
MATERIAL CHANGES IN TERMS OF NEGATIVE OPTION 
AGREEMENTS.—In the case of a material change in the 
terms of a negative option agreement entered into on the 
Internet between any person and a consumer, the person 
shall provide the consumer with a notification of the terms 
of the agreement as changed before the change takes ef-
fect. 
(e) REGULATIONS.—The Federal Trade Commission 
may prescribe regulations under section 553 of title 5, 
United States Code, to carry out this Act. 
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SEC. 3. ENFORCEMENT. 
(a) BY FEDERAL TRADE COMMISSION.— 
(1) IN GENERAL.—A violation of this Act or 
any regulation prescribed under this Act shall be 
treated as a violation of a rule issued under section 
18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep-
tive acts or practices. The Federal Trade Commis-
sion shall enforce this Act in the same manner, by 
the same means, and with the same jurisdiction, 
powers, and duties as though all applicable terms 
and provisions of the Federal Trade Commission Act 
(15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this Act. 
(2) PENALTIES.—Any person who violates this 
Act or any regulation prescribed under this Act shall 
be subject to the penalties and entitled to the privi-
leges and immunities provided in the Federal Trade 
Commission Act as though all applicable terms and 
provisions of the Federal Trade Commission Act 
were incorporated in and made part of this Act. 
(b) BY STATE ATTORNEYS GENERAL.— 
(1) IN GENERAL.—Except as provided in para-
graph (5), the attorney general of a State or other 
authorized State officer alleging a violation of this 
Act or any regulation prescribed under this Act that 
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affects or may affect the State or the residents of 
the State may bring an action on behalf of the resi-
dents of the State in any United States district 
court for the district in which the defendant is 
found, resides, or transacts business, or wherever 
venue is proper under section 1391 of title 28, 
United States Code, to obtain appropriate injunctive 
relief. 
(2) NOTICE
TO
COMMISSION
REQUIRED.—A 
State shall provide prior written notice to the Fed-
eral Trade Commission of any civil action brought 
under paragraph (1) with a copy of the complaint 
for the civil action, except that if providing such 
prior notice is not feasible for the State, the State 
shall provide notice immediately upon instituting the 
civil action. 
(3) INTERVENTION BY THE COMMISSION.—The 
Federal Trade Commission may intervene in a civil 
action brought under paragraph (1) and upon inter-
vening— 
(A) may be heard on all matters arising in 
the civil action; and 
(B) may file petitions for appeal of a deci-
sion in the civil action. 
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(4) CONSTRUCTION.—Nothing in this sub-
section shall be construed— 
(A) to prevent the attorney general of a 
State or other authorized State officer from ex-
ercising the powers conferred on the attorney 
general or other authorized State officer by the 
laws of the State; or 
(B) to prohibit the attorney general of a 
State or other authorized State officer from 
proceeding in State or Federal court on the 
basis of an alleged violation of any civil or 
criminal statute of that State. 
(5) LIMITATION.—An action may not be 
brought under this subsection if, at the time the ac-
tion is brought, the same alleged violation is the sub-
ject of a pending action by the Federal Trade Com-
mission or the United States. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) AUTOMATIC
RENEWAL
CONTRACT.—The 
term ‘‘automatic renewal contract’’ means a contract 
between any person and any consumer for a good or 
service that is automatically renewed after an initial 
fixed period, unless the consumer instructs other-
wise. 
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(2) CONTINUITY PLAN CONTRACT.—The term 
‘‘continuity plan contract’’ means a contract between 
any person and any consumer under which the con-
sumer agrees to incur charges in exchange for peri-
odic shipments of goods or the provision of services, 
unless the consumer instructs otherwise. 
(3) FREE-TO-PAY
CONVERSION
CONTRACT.— 
The term ‘‘free-to-pay conversion contract’’ means a 
contract between any person and any consumer 
under which— 
(A) for an introductory period, the con-
sumer receives a good or service at no charge 
or for a nominal charge; and 
(B) after the introductory period, the con-
sumer is charged or charged an increased 
amount for the good or service. 
(4) NEGATIVE OPTION AGREEMENT.—The term 
‘‘negative option agreement’’ means— 
(A) an automatic renewal contract; 
(B) a continuity plan contract; 
(C) a free-to-pay conversion contract; 
(D) a pre-notification negative option plan 
contract; or 
(E) any combination of the contracts de-
scribed in subparagraphs (A) through (D). 
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