Contract Modification Consent Confirmation
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When a contract modification is created and sent to the consumer, especially by way of electronic mail, it is entirely possible that such communication may not be received for an abundant variety of reasons, not the least of which include invalid email address and junk mail filtering. In many such contract modifications, language indicating 'continued use indicates acceptance of new terms and conditions' is almost always included. The issue here is that it may not be known to the consumer for lack of receipt of new contract that changes have been made; compounded with a resounding lack of positive or negative secondary confirmation to any modifications to existing contract, consumers become potentially trapped behind an unknown modification that they have no knowledge they agreed to.
The intent of this legislative request is to mandate that companies require positive or negative response to contract modifications, not merely passive acceptance to any modification; additionally, that if consumer does not agree to contract modification they be allowed to retain prior contract if possible or select termination of contract without penalty within 30 days; additionally, that if neither positive or negative response be received from consumer within that 30 day window, product and or service provider must make secondary effort by telephone or postal mail to receive positive or negative response so as to prevent uninformed acceptance of contact modification.
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