Printed on recycled paper 132nd MAINE LEGISLATURE FIRST SPECIAL SESSION-2025 Legislative Document No. 1642S.P. 650 In Senate, April 15, 2025 An Act to Protect Maine Consumers by Simplifying Subscription Cancellations Received by the Secretary of the Senate on April 11, 2025. Referred to the Committee on Housing and Economic Development pursuant to Joint Rule 308.2 and ordered printed. DAREK M. GRANT Secretary of the Senate Presented by Senator NANGLE of Cumberland. Page 1 - 132LR1505(01) 1 2 as enacted by PL 2019, c. 175, §1, is 3 amended to read: 4 A. "Automatic subscription renewal" means an offer or agreement to provide any of 5 the following goods or services for a specified time and price that is automatically 6 renewed at the end of a definite term for a subsequent term unless the consumer cancels 7 affirmatively acts to cancel the agreement or to reject further provision of the goods or 8 services: 9 (1) Online magazines, journals and periodicals; 10 (2) Online media players; 11 (3) Mobile apps; 12 (4) Social networking services; 13 (5) Internet game services; and 14 (6) Online software. 15 as enacted by PL 2019, c. 175, §1, is 16 amended to read: 17 B. "Extended automatic subscription renewal" means an automatic subscription 18 renewal with a specified subscription term of 12 months or more, in which the 19 subscription automatically renews for a specified term of more than one month unless 20 the consumer cancels affirmatively acts to cancel the subscription or to reject further 21 provision of the goods or services. 22 as enacted by PL 2019, c. 175, §1, is amended 23 to read: 24 25 A seller may not make an automatic subscription renewal 26 offer to a consumer in this State unless the seller presents that consumer with an a clear, 27 conspicuous and easily accessible disclosure of all material terms of the renewal offer and 28 of the methods that the consumer may use to cancel the subscription. A seller shall obtain 29 the express consent of a consumer to automatic subscription renewal prior to enrollment 30 through a check box, electronic signature requirement or other affirmative action by the 31 consumer agreeing to the renewal offer. The seller must provide for online cancellation of 32 the subscription by any means of communicating information over a computer network by 33 a consumer using the same method and in the same manner by which the consumer initially 34 agreed to the subscription. If a phone number is also provided for the purposes of 35 cancellation of the subscription, the number must be and must be prominently 36 displayed in the disclosure. The disclosure must also include, but is not limited to, 37 information regarding the amount and frequency of subscription charges and the seller's 38 refund policy upon cancellation. In marketing, offering or selling a subscription with an 39 automatic subscription renewal, a seller may not make any misrepresentation of a material 40 fact associated with that renewal offer. 41 as enacted by PL 2019, c. 175, §1, is amended 42 to read: Page 2 - 132LR1505(01) 1 subscription renewals; additional notice 2 A seller may not make an extended automatic subscription renewal offer to 3 a consumer in this State unless the seller complies with the same requirements and 4 restrictions applicable to automatic subscription renewals under subsection 2 and 5 additionally notifies the consumer of the automatic renewal in accordance with this 6 subsection. Notice must be provided to the consumer no less No fewer than 30 days and 7 no more than 60 days before the cancellation deadline pursuant to the automatic 8 subscription renewal. The seller must provide for online cancellation of the subscription 9 by any means of communicating information over a computer network. The notice for an 10 extended automatic subscription renewal, the seller must provide notice to the consumer 11 regarding the renewal, which must disclose clearly and conspicuously: 12 A. That unless the consumer cancels the subscription it will automatically renew; and 13 B. Where the consumer can obtain details regarding the automatic subscription 14 renewal and cancellation procedure. 15 as enacted by PL 2019, c. 175, §1, is amended 16 to read: 17 18 Practices Act. Notwithstanding any provision of law to the contrary, in addition to damages 19 or penalties authorized pursuant to the Maine Unfair Trade Practices Act, a person found 20 in violation of this chapter based on unauthorized subscription or other charges billed to or 21 paid by a consumer is required to provide to the consumer a refund or credit for 3 times the 22 unauthorized amounts billed or paid. 23 is enacted to read: 24 25 chapter and shall bring necessary actions for violations of this chapter in accordance with 26 this section. The Attorney General may adopt rules necessary for the enforcement of this 27 chapter. Rules adopted by the Attorney General pursuant to this subsection are routine 28 technical rules as defined in Title 5, chapter 375, subchapter 2-A. 29 Notwithstanding the Maine Revised Statutes, Title 10, section 30 1210-C, subsection 4, this Act applies only to offers or agreements entered into or renewed 31 on or after January 1, 2026 under which a seller makes an automatic subscription renewal 32 or extended automatic subscription renewal offer to a consumer in this State. 33 34 This bill amends the law regulating automatic subscription renewals to clarify the 35 disclosure requirements for sellers offering such subscriptions, including by requiring a 36 seller to obtain a consumer's express consent for automatic subscription renewal prior to 37 enrollment through a check box, electronic signature requirement or other affirmative 38 action by the consumer agreeing to the renewal offer; by requiring the seller to provide for 39 cancellation of such subscriptions by a consumer using the same method and in the same 40 manner by which the consumer initially agreed to the subscription; and by prohibiting a 41 seller from misrepresenting a material fact regarding an automatic subscription renewal 42 offer in the marketing, offering or selling of such subscriptions. 34 35 36 37 38 39 40 41 42 Page 3 - 132LR1505(01) 1 The bill directs the Attorney General to enforce the provisions of the law regulating 2 automatic subscription renewals, to bring necessary actions for violations of that law and 3 to adopt rules necessary for the enforcement of that law. It also provides that, in addition 4 to damages or penalties authorized pursuant to the Maine Unfair Trade Practices Act, a 5 person found in violation of that law based on unauthorized subscription or other charges 6 billed to or paid by a consumer is required to provide to the consumer a refund or credit for 7 3 times the unauthorized amounts billed or paid. 8 The changes provided in the bill to the law regulating automatic subscription renewals 9 apply only to offers or agreements entered into or renewed on or after January 1, 2026 10 under which a seller makes an automatic subscription renewal or extended automatic 11 subscription renewal offer to a consumer in this State.