Bill Text: IL SB2764 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Automatic Contract Renewal Act. Provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services to a consumer pursuant to a contract that includes a free gift or a trial period of the product or service that lasts 15 days or longer, where such contract automatically renews unless the consumer cancels the contract, shall notify the consumer no less than 2 weeks before the cancellation deadline as described by the automatic renewal offer terms. Provides that if the person, firm, partnership, association, or corporation has the consumer's email address, this notice shall be sent by email.

Spectrum: Partisan Bill (Democrat 36-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0919 [SB2764 Detail]

Download: Illinois-2023-SB2764-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2764 Introduced 1/16/2024, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
815 ILCS 601/10
Amends the Automatic Contract Renewal Act. Provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services to a consumer pursuant to a contract that includes a free gift or a trial period of the product or service that lasts 15 days or longer, where such contract automatically renews unless the consumer cancels the contract, shall notify the consumer no less than 2 weeks before the cancellation deadline as described by the automatic renewal offer terms. Provides that if the person, firm, partnership, association, or corporation has the consumer's email address, this notice shall be sent by email.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Automatic Contract Renewal Act is amended
by changing Section 10 as follows:
(815 ILCS 601/10)
Sec. 10. Automatic renewal; requirements.
(a) Any person, firm, partnership, association, or
corporation that sells or offers to sell any products or
services to a consumer pursuant to a contract, where such
contract automatically renews unless the consumer cancels the
contract, shall:
(i) disclose the automatic renewal offer terms clearly
and conspicuously in the contract before the subscription
or purchasing agreement is fulfilled 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;
(ii) not charge the consumer's credit or debit card or
other payment mechanism for an automatic renewal service
without first obtaining the consumer's consent to the
contract containing the automatic renewal offer terms;
(iii) provide an acknowledgment that includes the

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automatic renewal offer terms, cancellation policy, and
information regarding how to cancel, which may be
accomplished by linking to a resource that provides
instructions that account for different platforms and
services, in a manner that is capable of being retained by
the consumer; and
(iv) if the offer includes a free gift or trial,
disclose how to cancel the contract, which may be
accomplished by linking to a resource that provides
instructions that account for different platforms and
services, and allow the consumer to cancel before the
consumer pays for the good or services.
(a-5) Any person, firm, partnership, association, or
corporation that sells or offers to sell any products or
services to a consumer pursuant to a contract that includes a
free gift or a trial period of the product or service that
lasts 15 days or longer, where such contract automatically
renews unless the consumer cancels the contract, shall notify
the consumer no less than 2 weeks before the cancellation
deadline as described by the automatic renewal offer terms. If
the person, firm, partnership, association, or corporation has
the consumer's email address, this notice shall be sent by
email.
(b) Any person, firm, partnership, association, or
corporation that sells or offers to sell any products or
services to a consumer pursuant to a contract, where such

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contract term is a specified term of 12 months or more, and
where such contract automatically renews for a specified term
of more than one month unless the consumer cancels the
contract, shall notify the consumer in writing of the
automatic renewal. Written notice shall be provided to the
consumer no less than 30 days and no more than 60 days before
the cancellation deadline pursuant to the automatic renewal
offer terms. Such written notice shall disclose clearly and
conspicuously, in a retainable form:
(i) that unless the consumer cancels the contract it
will automatically renew;
(ii) a mechanism for cancelling the contract, which
shall be offered in a manner in which the consumer
commonly interacts with the business; and
(iii) the deadline by which the consumer must cancel
in order to avoid being charged for a subsequent term.
(b-5) A person, firm, partnership, association, or
corporation that makes an automatic renewal offer or
continuous service offer online shall provide a toll-free
telephone number, electronic mail address, a postal address if
the seller directly bills the consumer, or another
cost-effective, timely, and easy-to-use mechanism for
cancellation that shall be described in the notice required in
subsection (b). A consumer who accepts an automatic renewal or
continuous service offer online must be allowed to terminate
the automatic renewal or continuous service exclusively

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