PRINTER'S NO. 684
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.676
Session of
2025
INTRODUCED BY PISCIOTTANO, KEARNEY, FONTANA, KANE, HAYWOOD,
COSTA, TARTAGLIONE, SAVAL, SANTARSIERO, SCHWANK, FLYNN AND
MILLER, APRIL 28, 2025
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 28, 2025
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," providing for unlawful retention policy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 17, 1968 (P.L.1224, No.387),
known as the Unfair Trade Practices and Consumer Protection Law,
is amended by adding a section to read:
Section 3.2. Unlawful Retention Policy.--(a) A business
entity that makes automatic renewal offers or continuous service
offers for goods or services to consumers shall do all of the
following:
(1) Provide an acknowledgment to a consumer. The
acknowledgment shall disclose the automatic renewal offer terms
or continuous service offer terms, the cancellation policy and
information regarding how to cancel the goods or services in a
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19 manner that is capable of being retained by the consumer. If the
automatic renewal offer or continuous service offer includes a
free gift or trial, the acknowledgment shall include a clear and
conspicuous explanation of the price that will be charged after
the trial ends or the manner in which the pricing will change
upon conclusion of the trial, disclose how to cancel the goods
or services , provide the deadline by which the consumer must act
to stop or prevent charges and allow the consumer to cancel the
goods or services before the consumer pays for the goods or
services.
(2) Disclose the automatic renewal offer or continuous
service offer to a consumer in a contract or a contract offer in
a clear and conspicuous manner .
(3) A llow a consumer who accepts the automatic renewal offer
or a continuous service offer online to terminate the acceptance
of the goods or services exclusively online . A business entity
may allow a consumer who accepted an automatic renewal or
continuous service offer to terminate the automatic renewal
offer or continuous service offer under this clause by
electronic mail formatted and provided by the business entity
without additional information, or through a link to a website
or other online service the consumer can use to cancel.
(4) In the case of a material change in the terms of the
automatic renewal offer or continuous service offer, provide a
consumer with a clear and conspicuous notice of the material
change and information regarding how to cancel the goods or
services in a manner that is capable of being retained by the
consumer.
(5) Not intentionally misrepresent the terms of the
automatic renewal offer or continuous service offer or any
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30 material fact related to the underlying good or service.
(b) This section shall not apply to any of the following:
(1) A business entity that is subject to the act of December
21, 1989 (P.L.672, No.87), known as the "Health Club Act."
(2) A service provided by a business entity or its affiliate
for which the business entity or its affiliate is regulated by
the Federal Communications Commission, Federal Energy Regulatory
Commission or Pennsylvania Public Utility Commission.
(3) A contract subject to 66 Pa.C.S. Ch. 22 (relating to
natural gas competition) or 28 (relating to restructuring of
electric utility industry).
(c) A violation of this section shall constitute unfair
methods of competition and unfair or deceptive acts or practices
and shall be subject to the enforcement provisions and private
rights of action specified in this act.
(d) As used in this section:
"Clear and conspicuous" means, in reference to text, type
larger than the surrounding text, or in contrasting type, font,
or color to the surrounding text of the same size, or set off
from the surrounding text of the same size by symbols or other
marks, in a manner that clearly calls attention to the language.
"Consumer" means an individual who obtains or has obtained
goods or services for use primarily for personal, family or
household purposes.
Section 2. This act shall take effect in 60 days.
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