S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5615
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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 also disclose in the acknowl-
 edgment [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 AUTO-
 MATIC  RENEWAL  OR CONTINUOUS SERVICE CHARGE TO SUCH CONSUMER'S ACCOUNT,
 THE BUSINESS SHALL PROVIDE SUCH  ACKNOWLEDGEMENT  AT  LEAST  THREE  DAYS
 BEFORE, BUT NOT MORE THAN TWENTY-ONE DAYS BEFORE, THE CANCELLATION DEAD-
 LINE  FOR  SUCH  AUTOMATIC  RENEWAL  OR  CONTINUOUS SERVICE CHARGE. SUCH
 NOTICE SHALL INCLUDE INSTRUCTIONS ON HOW TO CANCEL AND ALLOW THE CONSUM-
 ER TO CANCEL BEFORE THE CONSUMER  PAYS  FOR  THE  AUTOMATIC  RENEWAL  OR
 CONTINUOUS SERVICE CHARGE.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02152-03-5
              

 S. 5615                             2
 
   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  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 MEDIUM THAT THE CONSUMER ACCEPTED SUCH AUTOMATIC RENEWAL OR CONTIN-
 UOUS SERVICE OFFER.  IF THE CONSUMER ACCEPTED THE AUTOMATIC  RENEWAL  OR
 CONTINUOUS  SERVICE OFFER THROUGH A PHONE CALL, A TOLL-FREE PHONE NUMBER
 SHALL BE PROVIDED FOR THE PURPOSES OF CANCELLATION OF  THE  SUBSCRIPTION
 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 on the one hundred eightieth day after
 it shall have become a law.