Part 4

Consumer rights and disputes
Chapter 2

Subscription contracts

Duties of traders

Content and timing etc of reminder notices
259
1
A reminder notice must contain—
a
the information set out in Part 3 of Schedule 23, and
b
any other information required by regulations under section 277(1)(b),
and that information must be given to the consumer all together.
2
A reminder notice must be given—
a
in accordance with subsections (3) to (8),
b
in such a way that the information referred to in subsection (1) is more prominent than any other information given to the consumer at the same time, and
c
in accordance with any other requirements specified in regulations under section 277(1)(a).
3
A reminder notice must be given within the period specified by the trader for the purposes of this section in the key pre-contract information given to the consumer in relation to the contract (see paragraph 10 of Schedule 23).
4
A period specified in key pre-contract information for the purposes of this section must be a period in advance of the last cancellation date which is reasonable for the purposes of—
a
informing the consumer that they will soon become liable for the renewal payment to which the notice relates, and
b
enabling the consumer to decide whether to bring the subscription contract to an end before incurring that liability (and to take the necessary steps to do so).
5
The “last cancellation date”, in relation to a reminder notice, means the last day on which the consumer could avoid becoming liable for the renewal payment to which the notice relates by exercising a right to bring the contract to an end.
6
Where subsection (7) applies, in addition to giving a reminder notice in accordance with subsection (3), an additional reminder notice must be given—
a
prior to the notice given in accordance with subsection (3), and
b
at a time which is reasonable for the purpose of providing additional notification to the consumer that they will soon become liable for the renewal payment to which the notice relates.
7
This subsection applies where—
a
the consumer will not become liable for a further renewal payment until after the end of the 12-month period, or
b
the consumer will not become liable for any further renewal payment but the contract continues beyond the end of the 12-month period.
8
In subsection (7), the “12-month period” means the period of 12 months beginning with the day before the day on which the consumer will become liable for the renewal payment to which the reminder notice relates.
S. 259 not in force at Royal Assent, see s. 339(1)