What must a Virginia subscription sign-up show before the customer agrees?
Quick answer
Before the customer is obligated, a Virginia seller must show six terms clearly and conspicuously, right next to the consent request: that it continues until cancelled; the cancellation policy and how to find the cancel mechanism; the recurring charge and whether and to what it may change; each deadline to act to stop charges; the renewal term length; and any minimum purchase. Get affirmative consent before charging, then send a retainable acknowledgment (Va. Code 59.1-207.45, 59.1-207.46(A)).
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| The 6 offer terms | (1) continues until the consumer cancels; (2) cancellation policy, incl. how to find the cancellation mechanism; (3) the recurring charges, that the amount may change if so, and the new amount if known; (4) each deadline, by date or frequency, to act to stop charges; (5) the length of the renewal term or that service is continuous, unless the consumer chooses the term; (6) any minimum purchase obligation (59.1-207.45) | Va. Code 59.1-207.45 |
| Where and when | Clearly and conspicuously before the consumer becomes obligated, in visual proximity to the request for consent (temporal proximity for voice offers) (59.1-207.46(A)(1)) | Va. Code 59.1-207.46 |
| Consent | No charge to the card or third-party account without first obtaining affirmative consent to the agreement containing the offer terms (59.1-207.46(A)(2)) | Va. Code 59.1-207.46 |
| Acknowledgment | An acknowledgment the consumer can retain, with the offer terms, cancellation policy and how to cancel; with a free trial, also how to cancel the trial before paying (59.1-207.46(A)(3)) | Va. Code 59.1-207.46 |
| Clear and conspicuous online | Unavoidable by the consumer, in understandable language, in each language consumers would reasonably expect; not contradicted by anything else in the communication (59.1-207.45) | Va. Code 59.1-207.45 |
| Each disclosure separately | Each required disclosure must independently meet the clear and conspicuous standard (59.1-207.46(F)) | Va. Code 59.1-207.46 |
| No consent, no charge for goods | Goods sent without affirmative consent are an unconditional gift the consumer may keep without paying or returning them (59.1-207.47) | Va. Code 59.1-207.47 |
| Penalty | No dollar fine inside chapter 17.8. A violation is a prohibited practice under the Virginia Consumer Protection Act (59.1-207.49). Customers: actual damages or $500, whichever is greater; willful: up to 3x damages or $1,000, plus attorneys' fees (59.1-204). State or local attorneys: civil penalty up to $2,500 per willful violation (59.1-206(A)) | Va. Code 59.1-207.49, 59.1-204, 59.1-206 |
| Last verified | November 2, 2026 | Astor Ventures |
Is a link to the terms of service enough?
Not on its own. The offer terms must be shown clearly and conspicuously, in visual proximity to the consent request, before the customer is obligated (59.1-207.46(A)(1)), and online that means unavoidable (59.1-207.45).
Is a pre-ticked box affirmative consent?
The statute requires affirmative consent before charging (59.1-207.46(A)(2)) but does not define it in chapter 17.8. A box the customer must actively tick, next to the six terms, is the safer design.
What goes in the confirmation email?
The acknowledgment must include the offer terms, the cancellation policy and how to cancel, in a form the customer can keep; for a free trial, also how to cancel before paying (59.1-207.46(A)(3)).
Want it done in an afternoon? The Virginia click-to-cancel / auto-renewal kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment of $29, instant download.
What else do people ask?
Do I have to show a future price increase?
Yes, if the charge may change: say so and give the new amount if known (59.1-207.45, item 3).
What if I ship products without consent?
They are treated as an unconditional gift to the consumer (59.1-207.47).
What is the fine?
Chapter 17.8 has no fine of its own. Through the Virginia Consumer Protection Act, customers can recover actual damages or $500 (willful: up to 3x or $1,000) under 59.1-204, and the Attorney General or local attorneys can seek up to $2,500 per willful violation under 59.1-206.
Is this legal advice?
No. General information only.
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