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Can I offer a free trial for my product or service in Virginia? What are the requirements?

Yes, you can offer a free trial for your product or service in Virginia. However, if the offer includes automatic renewal or continuous service, you must comply with the requirements of VACV 59.1-207.46 [2.2]. You must present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before the consumer becomes obligated on the automatic renewal or continuous service offer and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer. You must also provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the offer includes a free trial, you must disclose in the acknowledgment how to cancel the free trial before the consumer pays or becomes obligated to pay for the goods or services. Additionally, you must provide a toll-free telephone number, an electronic mail address, a postal address only when the supplier directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgment specified in subdivision A 3 [2.2].

If your business meets the definition of a small business provided in § 2.2-1604 of the Code of Virginia, you may be eligible for certification as a small business [4.1]. If your business is not based in Virginia, you may still be eligible for certification if you meet the applicable eligibility standards for certification as a small, women-owned, or minority-owned business and the state in which your business has its principal place of business does not deny a like certification to a Virginia-based small, women-owned, or minority-owned business or provide a preference to small, women-owned, or minority-owned firms that is not available to Virginia-based businesses [4.2].

If you need permits to establish your business in Virginia, you may be able to use the One-stop small business permitting program established by VACV 2.2-1617 [6.1].

Source(s):
Jurisdiction

Virginia