Does a Virginia business have to notify subscribers before a price increase or terms change?
Quick answer
Yes, for a material change. Under Va. Code 59.1-207.46(C), before a material change in the terms of an auto-renewal or continuous-service offer the customer already accepted takes effect, the seller must give a clear and conspicuous notice of the change and information on how to cancel, in a form the customer can keep. The statute sets no fixed number of days; the notice must come before the change is implemented.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| The rule | In the case of a material change in the terms of an accepted offer, the seller shall, prior to implementation, provide a clear and conspicuous notice of the material change and information on how to cancel, in a manner capable of being retained (59.1-207.46(C)) | Va. Code 59.1-207.46 |
| Timing | "Prior to implementation of the material change"; no minimum number of days is stated (59.1-207.46(C)) | Va. Code 59.1-207.46 |
| Price at sign-up | The original offer terms must already say if the recurring charge may change and the amount it will change to, if known (59.1-207.45, item 3) | Va. Code 59.1-207.45 |
| Separate renewal reminder | Plans renewing after more than 30 days and extending more than 12 months also need a notice 30 to 60 days before the cancellation deadline or end of term (59.1-207.46(E)) | Va. Code 59.1-207.46 |
| Clear and conspicuous | Each disclosure must independently be clear and conspicuous; in email, larger, contrasting or set-off type that calls attention to it (59.1-207.45, 59.1-207.46(F)) | Va. Code 59.1-207.45 |
| Who is protected | "Consumer" means an individual buying for personal, family or household purposes, or a small business buying for business purposes (59.1-207.45) | Va. Code 59.1-207.45 |
| 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 price increase a material change?
Chapter 17.8 does not define "material change". A higher recurring charge is the obvious candidate, and sending the notice with cancel instructions before the new price applies is the safe course.
How many days' notice do I need?
The statute does not set a number of days for 59.1-207.46(C); it says the notice must be given before the change is implemented. The 30-to-60-day window in 59.1-207.46(E) is a separate renewal reminder for longer plans.
What should the notice include?
A clear and conspicuous description of the change and how to cancel, in a form the customer can keep, such as an email (59.1-207.46(C)). Each disclosure must stand out on its own (59.1-207.46(F)).
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What else do people ask?
Do small business customers get this notice?
Yes, small businesses as defined in 59.1-207.45 count as consumers.
Can I bundle the notice into the newsletter?
Risky. The notice must be clear and conspicuous and not contradicted or diluted by other content (59.1-207.45).
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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