S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3928
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  automatic
   renewals,   continuous  service  offers,  and  automatic  subscription
   renewals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "click to
 cancel act".
   § 2. Paragraph c of subdivision 1 of  section  527-a  of  the  general
 business  law,  as added by chapter 267 of the laws of  2020, is amended
 to read as follows:
   c. fail to provide  an  acknowledgment  that  includes  the  automatic
 renewal  or  continuous  service  offer  terms, cancellation policy, and
 information regarding how to cancel in a CLEAR  AND  CONSPICUOUS  manner
 that is capable of being retained by the consumer. If the offer includes
 a  free  gift  or trial, the business shall PROVIDE SUCH ACKNOWLEDGEMENT
 BEFORE THE CONSUMER PAYS FOR THE GOODS OR SERVICES AND also disclose  in
 the  acknowledgment  [how  to  cancel  and  allow the consumer to cancel
 before the consumer pays for the goods or services] THE PRICE THAT  WILL
 BE  CHARGED  AFTER  THE  FREE GIFT OR TRIAL PERIOD ENDS, AND IF THE FREE
 GIFT OR TRIAL PERIOD LASTS FOR MORE THAN THIRTY-ONE DAYS FOLLOWED BY  AN
 UPCOMING  AUTOMATIC RENEWAL OR CONTINUOUS SERVICE CHARGE TO SUCH CONSUM-
 ER'S ACCOUNT, THE BUSINESS SHALL PROVIDE SUCH ACKNOWLEDGEMENT  AT  LEAST
 THREE DAYS BEFORE, BUT NOT MORE THAN TWENTY-ONE DAYS BEFORE, THE CANCEL-
 LATION DEADLINE FOR SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE CHARGE.
 SUCH  NOTICE  SHALL  INCLUDE INSTRUCTIONS ON HOW TO CANCEL AND ALLOW THE
 CONSUMER TO CANCEL BEFORE THE CONSUMER PAYS FOR THE AUTOMATIC RENEWAL OR
 CONTINUOUS SERVICE CHARGE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02152-01-5
 A. 3928                             2
 
              

   § 3. Paragraph b of subdivision 3 of  section  527-a  of  the  general
 business law, as added by chapter 728 of the laws of 2023, is amended to
 read as follows:
   b. A business that allows a consumer to accept an automatic renewal or
 continuous  service  offer for an initial paid term of one year or long-
 er[, provided that such automatic renewal or continuous  service  renews
 for  a paid term of six months or longer,] shall notify such consumer of
 [such] ANY upcoming automatic renewal or continuous  service  charge  to
 such  consumer's account at least fifteen days before, but not more than
 forty-five days before, the cancellation  deadline  for  such  automatic
 renewal  OR  CONTINUOUS  SERVICE  CHARGE.    Such  notice  shall include
 instructions on how to cancel such renewal OR CONTINUOUS SERVICE charge.
   § 4. Paragraph a of subdivision 3 of  section  527-a  of  the  general
 business  law, as amended by chapter 728 of the laws of 2023, is amended
 and a new paragraph d is added to read as follows:
   a. In addition to the requirements of subdivision two of this section,
 a consumer who accepts an automatic renewal or continuous service  offer
 online shall 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. A CONSUMER WHO ACCEPTS AN AUTO-
 MATIC  RENEWAL OR CONTINUOUS SERVICE OFFER SHALL ADDITIONALLY BE ALLOWED
 TO TERMINATE THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE  OFFER  IN  THE
 SAME MANNER THAT THE CONSUMER ACCEPTED SUCH AUTOMATIC RENEWAL OR CONTIN-
 UOUS  SERVICE OFFER.   IF A PHONE NUMBER IS PROVIDED FOR THE PURPOSES OF
 CANCELLATION OF THE SUBSCRIPTION, SUCH NUMBER  SHALL  BE  TOLL-FREE  AND
 SHALL BE PROMINENTLY DISPLAYED IN THE DISCLOSURE.
   D. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION,
 IN  THE  CASE OF A CHANGE IN THE FEE CHARGED UNDER AN EXISTING AUTOMATIC
 RENEWAL OR CONTINUOUS SERVICE OFFER THAT HAS BEEN ACCEPTED BY A  CONSUM-
 ER, THE BUSINESS SHALL PROVIDE, NO LESS THAN SEVEN DAYS AND NO MORE THAN
 THIRTY  DAYS  BEFORE THE FEE CHANGE TAKES EFFECT, THE CONSUMER WITH BOTH
 OF THE FOLLOWING: (I) A CLEAR AND CONSPICUOUS NOTICE OF THE FEE  CHANGE;
 AND  (II)  INFORMATION REGARDING HOW TO CANCEL SUCH AUTOMATIC RENEWAL OR
 CONTINUOUS SERVICE IN A MANNER THAT IS CAPABLE OF BEING RETAINED BY  THE
 CONSUMER.
   § 5. This act shall take effect immediately.