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Public Act 102-0517


 

Public Act 0517 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0517
 
HB3955 EnrolledLRB102 10588 JLS 15917 b

    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 disclose the automatic renewal clause clearly
and conspicuously in the contract, including the cancellation
procedure.
    (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
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
clause. Such written notice shall disclose clearly and
conspicuously:
        (i) that unless the consumer cancels the contract it
    will automatically renew; and
        (ii) where the consumer can obtain details of the
    automatic renewal provision and cancellation procedure
    (for example, by contacting the business at a specified
    telephone number or address or by referring to the
    contract).
    (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
online, which may include a termination email formatted and
provided by the business that a consumer can send to the
business without additional information.
    (c) A person, firm, partnership, association, or
corporation will not be liable for a violation of this Act or
the Consumer Fraud and Deceptive Business Practices Act if
such person, firm, partnership, association, or corporation
demonstrates that, as part of its routine business practice:
        (i) it has established and implemented written
    procedures to comply with this Act and enforces compliance
    with the procedures;
        (ii) any failure to comply with this Act is the result
    of error; and
        (iii) where an error has caused a failure to comply
    with this Act, it provides a full refund or credit for all
    amounts billed to or paid by the consumer from the date of
    the renewal until the date of the termination of the
    account, or the date of the subsequent notice of renewal,
    whichever occurs first.
(Source: P.A. 93-950, eff. 1-1-05.)

Effective Date: 1/1/2022