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Paragraph 1 Listed acts or omissions

Original text. Later amendments are not shown.

(1)

Before a trader enters into a subscription contract with a consumer, the trader omits to give the consumer any of the information set out in sub-paragraph (2) that applies to that contract.

(2)

The information referred to in sub-paragraph (1) is as follows—

(a)

if section 254(2) of the DMCCA (contract terms which have the effect of providing for auto-renewal features) applies to the contract—

(i)

that the contract will continue, or continue for a fixed term, unless the consumer takes steps to bring the contract to an end, or to an earlier end,

(ii)

that until the contract comes to an end the consumer will continue to incur liabilities under the contract, and

(iii)

any minimum period that must elapse before the consumer can bring the contract to an end (see paragraph 2 of Schedule 23 to the DMCCA);

(b)

if section 254(3) of the DMCCA (contract terms which have the effect of providing for the consumer to be liable for payments for the supply, or payments at a higher rate, following a period of free supply or at an original rate) applies to the contract—

(i)

that the consumer will be charged, or charged at a higher rate, for the supply of goods, services or digital content unless the consumer takes steps to bring the contract to an end before liability for any charge, or higher charge, is incurred by the consumer, and

(ii)

the date on which the consumer will become liable for the first charge, or the first higher charge (see paragraph 3 of Schedule 23 to the DMCCA);

(c)

the minimum total amount for which the consumer will become liable under the contract (see paragraph 6 of Schedule 23 to the DMCCA);

(d)

the steps that the consumer must take to bring the contract to an end including any address (including a website or email address) or other contact details the consumer may need in order to take those steps (see paragraph 8 of Schedule 23 to the DMCCA);

(e)

a summary of—

(i)

the consumer’s right to cancel the contract during the initial cooling-off period (or if the consumer may lose that right, that information), and

(ii)

any right the consumer has to cancel during a renewal cooling-off period (see paragraph 11 of Schedule 23 to the DMCCA).