SB 3380

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of SB3380
Home
Legislation
Full Text
	SB3380 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
		Printer Friendly Version
		Introduced
			 Open PDF
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3380
Introduced 2/4/2026, by Sen. Laura Ellman
SYNOPSIS AS INTRODUCED:
815 ILCS 601/5
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, where such contract automatically renews, shall provide the consumer with the option to cancel the contract, at any time, using a simple cancellation mechanism in the same medium that the consumer used to consent to the contract. Provides that an entity shall provide a clear and conspicuous notice, in a manner that may be retained by the consumer, of any material change to the terms of a contract containing an automatic renewal offer at least 3 days prior to the change to the terms. Sets forth additional requirements concerning the cancellation of automatic renewal offers and continuous service offers entered into online, including requiring an entity to provide a one-step online cancellation link. Makes other changes.
LRB104 19662 SPS 33111 b
A BILL FOR
		SB3380		LRB104 19662 SPS 33111 b
1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Automatic Contract Renewal Act is amended
5by changing Sections 5 and 10 as follows:
6    (815 ILCS 601/5)
7    Sec. 5. Definitions. In this Act:
8    "Automatic renewal offer terms" means the following clear
9and conspicuous disclosures:
10        (1) that the paid subscription or purchasing agreement
11    will continue until the consumer cancels;
12        (2) the timeframe in which the consumer must cancel in
13    order to avoid being charged for a subsequent term;
14        (3) the recurring charges that will be charged to the
15    consumer's credit or debit card or payment account with a
16    third party as part of the automatic renewal contract, and
17    that the amount of the charge may change, if that is the
18    case, and the amount to which the charge will change, if
19    known;
20        (4) the length of the automatic renewal term or that
21    the service is continuous, unless the length of the term
22    is chosen by the consumer; and
23        (5) the minimum purchase obligation, if any.
		SB3380	- 2 -	LRB104 19662 SPS 33111 b
1    "Clear and conspicuous" means in larger type than the
2surrounding text, or in contrasting type, font, or color to
3the surrounding text of the same size, or set off from the
4surrounding text of the same size by symbols or other marks, in
5a manner that clearly calls attention to the language. In the
6case of an audio disclosure, "clear and conspicuous" means in
7a volume and cadence sufficient to be readily audible and
8understandable.
9    "Contract" means a written agreement between 2 or more
10parties.
11    "One-step online cancellation" means an online method of 
12cancellation that does not require the consumer to take 
13additional actions that obstruct or delay the consumer's 
14ability to immediately terminate an automatic renewal contract 
15or continuous service offer.
16    "Parties" includes individuals and other legal entities,
17but does not include the federal government, this State or
18another state, or a unit of local government.
19(Source: P.A. 102-558, eff. 8-20-21; 103-70, eff. 1-1-24.)
20    (815 ILCS 601/10)
21    Sec. 10. Automatic renewal; requirements.
22    (a) Any person, firm, partnership, association, or
23corporation that sells or offers to sell any products or
24services to a consumer pursuant to a contract, where such
25contract automatically renews unless the consumer cancels the
		SB3380	- 3 -	LRB104 19662 SPS 33111 b
1contract, shall:
2        (i) disclose the automatic renewal offer terms clearly
3    and conspicuously in the contract before the subscription
4    or purchasing agreement is fulfilled and in visual
5    proximity, or in the case of an offer conveyed by voice, in
6    temporal proximity, to the request for consent to the
7    offer;
8        (ii) not charge the consumer's credit or debit card or
9    other payment mechanism for an automatic renewal service
10    without first obtaining the consumer's consent to the
11    contract containing the automatic renewal offer terms;
12        (iii) provide an acknowledgment that includes the
13    automatic renewal offer terms, cancellation policy, and
14    information regarding how to cancel, which may be
15    accomplished by linking to a resource that provides
16    instructions that account for different platforms and
17    services, in a manner that is capable of being retained by
18    the consumer; [and]
19        (iv) if the offer includes a free gift or trial,
20    disclose how to cancel the contract, which may be
21    accomplished by linking to a resource that provides
22    instructions that account for different platforms and
23    services, and allow the consumer to cancel before the
24    consumer pays for the good or services; and [.]
25        (v) provide the consumer with the option to cancel the 
26    contract, at any time, using a simple cancellation 
		SB3380	- 4 -	LRB104 19662 SPS 33111 b
1    mechanism in the same medium that the consumer used to 
2    consent to the contract containing the automatic renewal 
3    offer terms.
4    An entity subject to this subsection shall provide a clear 
5and conspicuous notice, in a manner that may be retained by the 
6consumer, of any material change to the terms of the contract, 
7including any price increase, at least 3 days prior to the 
8change to the terms. The notice shall contain information 
9concerning how to cancel the contract. If the notice is sent 
10electronically, the notice shall include either a hyperlink 
11that directs the consumer to a webpage containing the 
12cancellation process or another reasonably accessible 
13electronic method that directs the consumer to the 
14cancellation process if no webpage exists.
15    (a-5) Any person, firm, partnership, association, or
16corporation that sells or offers to sell any products or
17services to a consumer pursuant to a contract that includes a
18free trial or a promotional period of the product or service
19that lasts 15 days or longer, where such contract
20automatically renews unless the consumer cancels the contract,
21shall notify the consumer during the free trial or the
22promotional period no less than 3 days before the cancellation
23deadline as described by the automatic renewal offer terms.
24The person, firm, partnership, association, or corporation
25shall send the notice in a method in which the consumer is
26accustomed to interacting with the person, firm, partnership,
		SB3380	- 5 -	LRB104 19662 SPS 33111 b
1association, or corporation.
2    (b) Any person, firm, partnership, association, or
3corporation that sells or offers to sell any products or
4services to a consumer pursuant to a contract, where such
5contract term is a specified term of 12 months or more, and
6where such contract automatically renews for a specified term
7of more than one month unless the consumer cancels the
8contract, shall notify the consumer in writing of the
9automatic renewal. Written notice shall be provided to the
10consumer no less than 30 days and no more than 60 days before
11the cancellation deadline pursuant to the automatic renewal
12offer terms. Such written notice shall disclose clearly and
13conspicuously, in a retainable form:
14        (i) that unless the consumer cancels the contract it
15    will automatically renew;
16        (ii) a mechanism for cancelling the contract, which
17    shall be offered in a manner in which the consumer
18    commonly interacts with the business; and
19        (iii) the deadline by which the consumer must cancel
20    in order to avoid being charged for a subsequent term.
21    (b-5) Any [A] person, firm, partnership, association, or
22corporation that sells or offers to sell any products or 
23services to a consumer pursuant to a contract, where such 
24contract automatically renews unless the consumer cancels the 
25contract, shall provide the consumer with the ability to 
26cancel or terminate the contract, at any time, using a simple, 
		SB3380	- 6 -	LRB104 19662 SPS 33111 b
1easy-to-use cancellation mechanism through all mediums by 
2which the seller allows a consumer to consent or agree to the 
3contract [makes an automatic renewal offer or continuous ]
4[service offer online shall provide a toll-free telephone ]
5[number, electronic mail address, a postal address if the ]
6[seller directly bills the consumer, or another cost-effective, ]
7[timely, and easy-to-use mechanism for cancellation that shall ]
8[be described in the notice required in subsection (b)]. A
9consumer who accepts an automatic renewal or continuous
10service offer online must be allowed to terminate the
11automatic renewal or continuous service exclusively online[, ]
12[which may include a termination email formatted and provided ]
13[by the business that a consumer can send to the business ]
14[without additional information, or a link to a website or ]
15[other online service consumers can use to cancel].
16    (b-15) An entity subject to the provisions of subsection 
17(b-5) or (b-10) shall be deemed in compliance if the entity 
18provides:
19        (1) a hyperlink to a one-step online cancellation 
20    process through a website or other online medium, or 
21    through an electronic communication, and the hyperlink is:
22            (A) located on the entity's website, in an 
23        electronic device or service provided to the consumer, 
24        or in an electronic communication to the consumer; and
25            (B) available to the consumer immediately after 
26        the consumer completes a reasonable authentication 
		SB3380	- 7 -	LRB104 19662 SPS 33111 b
1        protocol used solely to confirm that the consumer is 
2        authorized to make changes to the account; or
3        (2) one of the following means if the consumer 
4    consented to the automatic renewal contract offer through 
5    means other than through an online medium:
6            (A) an in-person mechanism for cancelling the 
7        contract that is at a physical location where the 
8        consumer regularly uses any goods or services that are 
9        subject to the automatic renewal contract; or
10            (B) a toll-free telephone number.
11    If the entity provides a toll-free telephone number for 
12cancelling the contract, the entity shall answer calls 
13promptly during normal business hours and not obstruct or 
14delay the consumer's ability to cancel. If a consumer leaves a 
15voicemail with the entity requesting cancellation, the entity 
16shall, within one business day, either process the requested 
17cancellation or call the consumer back regarding the 
18cancellation request.
19    (b-20) Notwithstanding the requirements set forth in 
20subsection (b-15), if a consumer requests to cancel the 
21contract, an entity may provide a discount offer, retention 
22benefit, or other consumer benefit or inform the consumer of 
23the effect of the cancellation, provided that the consumer 
24remains able to terminate the automatic renewal contract.
25    If a consumer requests to cancel online, the entity may 
26display a discounted offer, retention benefit, other consumer 
		SB3380	- 8 -	LRB104 19662 SPS 33111 b
1benefit, or information regarding the effects of cancellation, 
2provided that the entity simultaneously continuously displays 
3a prominently located direct link or button entitled "click to 
4cancel", or words to that effect, with the presentation of the 
5discounted offer, retention benefit, other consumer benefit, 
6or information. If the consumer uses this direct link or 
7button to cancel, the entity shall promptly process the 
8cancellation and shall not otherwise obstruct or delay the 
9consumer's ability to proceed with the cancellation.
10    If a consumer requests to cancel by telephone, the entity 
11may present the consumer with a discounted offer, retention 
12benefit, other consumer benefit, or information regarding the 
13effect of cancellation, provided that the entity first informs 
14the consumer that they may complete the cancellation process 
15at any time by stating that they want to "cancel", or words to 
16that effect. If the consumer states the consumer's intention 
17to "cancel", or words to that effect, the entity shall 
18promptly process the cancellation and shall not otherwise 
19obstruct or delay the consumer's ability to cancel.
20    An entity may require a consumer to enter account 
21information or digitally authenticate the consumer's identity 
22before terminating the contract online if the consumer has an 
23account with the entity. A consumer who is unwilling or unable 
24to enter account information or digitally authenticate the 
25consumer's identity before termination of the contract online 
26shall not be prevented from terminating the contract offline 
		SB3380	- 9 -	LRB104 19662 SPS 33111 b
1using another method.
2    (b-20) It is a violation of this Act for any person, firm, 
3partnership, association, or corporation that sells or offers 
4to sell any products or services to a consumer pursuant to a 
5contract, where such contract automatically renews unless the 
6consumer terminates the contract, to charge the consumer or 
7the consumer's account following an increase in price, or a 
8price higher than what was disclosed in the contract's 
9automatic renewal offer terms, without either:
10        (1) obtaining the consumer's consent to the increased 
11    price before the increase in price occurs; or
12        (2) allowing the consumer to cancel the contract 
13    anytime within at least 7 days after the charge is 
14    assessed to the consumer or the consumer's account and 
15    refunding the consumer in the amount equivalent to the 
16    price of the remaining term of the service, at the time of 
17    the cancellation, on a pro rata basis.
18    (b-25) It is a violation of this Act for any person, firm, 
19partnership, association, or corporation that sells or offers 
20to sell any products or services to a consumer pursuant to a 
21contract, where such contract automatically renews, to impose 
22unreasonable or unlawful conditions upon consumer's ability to 
23cancel or refuse to acknowledge, obstruct or unreasonably 
24delay cancellation requested or attempts to request 
25cancellation by a consumer. For the purposes of this 
26subsection, "unreasonable or unlawful conditions" include, but 
		SB3380	- 10 -	LRB104 19662 SPS 33111 b
1are not limited to, hanging up on consumers who call to cancel, 
2providing false information about how to cancel, 
3misrepresenting the consequences or costs of cancellation, or 
4misrepresenting the reasons for delays in processing 
5cancellation requests.
6    (c) A person, firm, partnership, association, or
7corporation will not be liable for a violation of this Act or
8the Consumer Fraud and Deceptive Business Practices Act if
9such person, firm, partnership, association, or corporation
10demonstrates that, as part of its routine business practice:
11        (i) it has established and implemented written
12    procedures to comply with this Act and enforces compliance
13    with the procedures;
14        (ii) any failure to comply with this Act is the result
15    of error; and
16        (iii) where an error has caused a failure to comply
17    with this Act, it provides a full refund or credit for all
18    amounts billed to or paid by the consumer from the date of
19    the renewal until the date of the termination of the
20    account, or the date of the subsequent notice of renewal,
21    whichever occurs first.
22(Source: P.A. 102-517, eff. 1-1-22; 103-70, eff. 1-1-24;
23103-919, eff. 1-1-25.)