PRINTER'S NO. 99
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
116
Session of
2023
INTRODUCED BY CIRESI, DELLOSO, JAMES, GREEN, PROBST, HILL-EVANS,
McNEILL, GUENST, SCHLEGEL CULVER, HOHENSTEIN, SCOTT, HARKINS,
KINSEY, SANCHEZ, MADDEN, BURGOS, PIELLI, WARREN, HOWARD,
FIEDLER, D. WILLIAMS, B. MILLER, OTTEN, CERRATO AND O'MARA,
MARCH 7, 2023
REFERRED TO COMMITTEE ON COMMERCE, MARCH 7, 2023
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
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information regarding how to cancel the goods or services in a
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 disclose how to
cancel the goods or services 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
bold face with a font size equal to the font size of the
surrounding text, or a font size of ten points, whichever is
greater.
(3) A llow a consumer who accepts the automatic renewal offer
or a continuous service offer over the Internet to terminate the
acceptance of the goods or services exclusively over the
Internet. A business entity may allow a consumer to terminate
the automatic renewal offer or continuous service offer under
this clause by electronic mail formatted and provided by the
business entity without requiring the consumer to provide
additional information.
(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.
(b) This section shall not apply to a business entity that
is subject to the act of December 21, 1989 (P.L.672, No.87),
known as the "Health Club Act."
(c) A violation of this section shall constitute unfair
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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.
Section 2. This act shall take effect in 60 days.
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