SB 676 — An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, providing for unlawful retention policy.

PRINTER'S NO.     684

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 676
                                               Session of
                                                 2025

     INTRODUCED BY PISCIOTTANO, KEARNEY, FONTANA, KANE, HAYWOOD,
        COSTA, TARTAGLIONE, SAVAL, SANTARSIERO, SCHWANK, FLYNN AND
        MILLER, APRIL 28, 2025

     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        APRIL 28, 2025


                                    AN ACT
 1   Amending the act of December 17, 1968 (P.L.1224, No.387),
 2      entitled "An act prohibiting unfair methods of competition
 3      and unfair or deceptive acts or practices in the conduct of
 4      any trade or commerce, giving the Attorney General and
 5      District Attorneys certain powers and duties and providing
 6      penalties," providing for unlawful retention policy.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of December 17, 1968 (P.L.1224, No.387),
10   known as the Unfair Trade Practices and Consumer Protection Law,
11   is amended by adding a section to read:
12      Section 3.2.    Unlawful Retention Policy.--(a)     A business
13   entity that makes automatic renewal offers or continuous service
14   offers for goods or services to consumers shall do all of the
15   following:
16      (1)   Provide an acknowledgment to a consumer. The
17   acknowledgment shall disclose the automatic renewal offer terms
18   or continuous service offer terms, the cancellation policy and
19   information regarding how to cancel the goods or services in a
 1   manner that is capable of being retained by the consumer. If the
 2   automatic renewal offer or continuous service offer includes a
 3   free gift or trial, the acknowledgment shall include a clear and
 4   conspicuous explanation of the price that will be charged after
 5   the trial ends or the manner in which the pricing will change
 6   upon conclusion of the trial, disclose how to cancel the goods
 7   or services, provide the deadline by which the consumer must act
 8   to stop or prevent charges and allow the consumer to cancel the
 9   goods or services before the consumer pays for the goods or
10   services.
11      (2)   Disclose the automatic renewal offer or continuous
12   service offer to a consumer in a contract or a contract offer in
13   a clear and conspicuous manner.
14      (3)   Allow a consumer who accepts the automatic renewal offer
15   or a continuous service offer online to terminate the acceptance
16   of the goods or services exclusively online. A business entity
17   may allow a consumer who accepted an automatic renewal or
18   continuous service offer to terminate the automatic renewal
19   offer or continuous service offer under this clause by
20   electronic mail formatted and provided by the business entity
21   without additional information, or through a link to a website
22   or other online service the consumer can use to cancel.
23      (4)   In the case of a material change in the terms of the
24   automatic renewal offer or continuous service offer, provide a
25   consumer with a clear and conspicuous notice of the material
26   change and information regarding how to cancel the goods or
27   services in a manner that is capable of being retained by the
28   consumer.
29      (5)   Not intentionally misrepresent the terms of the
30   automatic renewal offer or continuous service offer or any

20250SB0676PN0684                  - 2 -
 1   material fact related to the underlying good or service.
 2      (b)   This section shall not apply to any of the following:
 3      (1)   A business entity that is subject to the act of December
 4   21, 1989 (P.L.672, No.87), known as the "Health Club Act."
 5      (2)   A service provided by a business entity or its affiliate
 6   for which the business entity or its affiliate is regulated by
 7   the Federal Communications Commission, Federal Energy Regulatory
 8   Commission or Pennsylvania Public Utility Commission.
 9      (3)   A contract subject to 66 Pa.C.S. Ch. 22 (relating to
10   natural gas competition) or 28 (relating to restructuring of
11   electric utility industry).
12      (c)   A violation of this section shall constitute unfair
13   methods of competition and unfair or deceptive acts or practices
14   and shall be subject to the enforcement provisions and private
15   rights of action specified in this act.
16      (d)   As used in this section:
17      "Clear and conspicuous" means, in reference to text, type
18   larger than the surrounding text, or in contrasting type, font,
19   or color to the surrounding text of the same size, or set off
20   from the surrounding text of the same size by symbols or other
21   marks, in a manner that clearly calls attention to the language.
22      "Consumer" means an individual who obtains or has obtained
23   goods or services for use primarily for personal, family or
24   household purposes.
25      Section 2.   This act shall take effect in 60 days.




20250SB0676PN0684                  - 3 -