Bill Status of SB 328   103rd General Assembly

Short Description:  AUTOMATIC CONTRACT RENEWAL

Senate Sponsors
Sen. Suzy Glowiak Hilton, Napoleon Harris, III-Doris Turner, Cristina Castro, Julie A. Morrison, Robert F. Martwick, Mary Edly-Allen, Laura M. Murphy, Javier L. Cervantes, Meg Loughran Cappel-Steve Stadelman, Linda Holmes, Christopher Belt, Laura Fine, Elgie R. Sims, Jr., Karina Villa, Sara Feigenholtz, Adriane Johnson and Mike Simmons

House Sponsors
(Rep. Matt Hanson-Daniel Didech-Sue Scherer-Will Guzzardi, Joyce Mason, Rita Mayfield, Sharon Chung, Janet Yang Rohr, Hoan Huynh, Sonya M. Harper, Lindsey LaPointe, Anna Moeller, Ann M. Williams, Lawrence "Larry" Walsh, Jr., Mary Beth Canty, Jonathan Carroll, Stephanie A. Kifowit, Bob Morgan, Mary Gill, Angelica Guerrero-Cuellar, Kam Buckner, Diane Blair-Sherlock, Cyril Nichols, Abdelnasser Rashid, Jenn Ladisch Douglass and Harry Benton)


Last Action  View All Actions

DateChamber Action
  6/9/2023SenatePublic Act . . . . . . . . . 103-0070

Statutes Amended In Order of Appearance
815 ILCS 601/5
815 ILCS 601/10

Synopsis As Introduced
Amends the Automatic Contract Renewal Act. Provides that the clear and conspicuous disclosure of an automatic renewal clause displayed during the contract formation process must require the consumer to affirmatively consent to the renewal terms. Provides for additional notice requirements concerning contracts that automatically renew for a specified term of more than one month unless the consumer cancels the contract. Provides for additional notice requirements concerning contracts that allow the consumer to accept a free gift or trial as part of an automatic renewal offer before the consumer makes any payment, or where such contract entitles the consumer to an introductory reduced, promotional, or discounted rate before the customer begins paying the full rate. Provides that a person, firm, partnership, association, or corporation that allows consumers to accept an automatic renewal or continuous service offer online shall allow a consumer to terminate the automatic renewal or continuous service exclusively online, at will, and without engaging any further steps that obstruct or delay the consumer's ability to terminate the automatic renewal or continuous service immediately. Defines "clear and conspicuous".

Senate Floor Amendment No. 1
Adds reference to:
815 ILCS 601/20

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: 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 unless the consumer cancels the contract, shall (i) disclose the automatic renewal offer terms clearly and conspicuously in the contract before the subscription or purchasing agreement is fulfilled and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer; (ii) not charge the consumer's credit or debit card or other payment mechanism for an automatic renewal service without first obtaining the consumer's consent to the contract containing the automatic renewal offer terms; (iii) provide an acknowledgment that includes the automatic renewal offer terms, cancellation policy, and information regarding how to cancel, which may be accomplished by linking to a resource that provides instructions that account for different platforms and services, in a manner that is capable of being retained by the consumer; and (iv) if the offer includes a free gift or trial, disclose how to cancel the contract, which may be accomplished by linking to a resource that provides instructions that account for different platforms and services, and allow the consumer to cancel before the consumer pays for the good or services. Provides that the Act does not apply to a contract for the sale of any product or service by a provider that is subject to Article XXII of the Public Utilities Act. Provides that the Act does not apply to a party regulated by the Director of the Department of Insurance or an affiliate of such party. Provides that the Act does not apply to a party, or an affiliate of the party, regulated by the Director of the Department of Insurance. Defines "automatic renewal offer terms".

Actions 
DateChamber Action
  2/2/2023SenateFiled with Secretary by Sen. Suzy Glowiak Hilton
  2/2/2023SenateFirst Reading
  2/2/2023SenateReferred to Assignments
  2/7/2023SenateAssigned to Judiciary
  3/8/2023SenateDo Pass Judiciary; 008-000-000
  3/8/2023SenatePlaced on Calendar Order of 2nd Reading March 9, 2023
  3/9/2023SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  3/9/2023SenateAdded as Chief Co-Sponsor Sen. Doris Turner
  3/9/2023SenateAdded as Co-Sponsor Sen. Cristina Castro
  3/9/2023SenateAdded as Co-Sponsor Sen. Julie A. Morrison
  3/9/2023SenateAdded as Co-Sponsor Sen. Robert F. Martwick
  3/9/2023SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
  3/9/2023SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  3/9/2023SenateAdded as Co-Sponsor Sen. Javier L. Cervantes
  3/9/2023SenateAdded as Co-Sponsor Sen. Meg Loughran Cappel
  3/10/2023SenateAdded as Chief Co-Sponsor Sen. Steve Stadelman
  3/10/2023SenateAdded as Co-Sponsor Sen. Linda Holmes
  3/10/2023SenateAdded as Co-Sponsor Sen. Christopher Belt
  3/14/2023SenateAdded as Co-Sponsor Sen. Laura Fine
  3/17/2023SenateAdded as Co-Sponsor Sen. Elgie R. Sims, Jr.
  3/23/2023SenateAdded as Co-Sponsor Sen. Karina Villa
  3/24/2023SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Suzy Glowiak Hilton
  3/24/2023SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/24/2023SenateAdded as Co-Sponsor Sen. Sara Feigenholtz
  3/28/2023SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  3/29/2023SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
  3/29/2023SenateSecond Reading
  3/29/2023SenateSenate Floor Amendment No. 1 Adopted; Glowiak-Hilton
  3/29/2023SenatePlaced on Calendar Order of 3rd Reading March 30, 2023
  3/30/2023SenateThird Reading - Passed; 056-000-000
  3/30/2023SenateAdded as Co-Sponsor Sen. Adriane Johnson
  3/30/2023SenateAdded as Co-Sponsor Sen. Mike Simmons
  3/31/2023HouseArrived in House
  3/31/2023HouseChief House Sponsor Rep. Matt Hanson
  4/11/2023HouseFirst Reading
  4/11/2023HouseReferred to Rules Committee
  4/11/2023HouseAssigned to Consumer Protection Committee
  4/18/2023HouseDo Pass / Short Debate Consumer Protection Committee; 008-000-000
  4/19/2023HousePlaced on Calendar 2nd Reading - Short Debate
  4/20/2023HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
  4/20/2023HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  4/20/2023HouseAdded Alternate Co-Sponsor Rep. Sharon Chung
  4/20/2023HouseAdded Alternate Chief Co-Sponsor Rep. Daniel Didech
  4/20/2023HouseAdded Alternate Chief Co-Sponsor Rep. Sue Scherer
  4/27/2023HouseSecond Reading - Short Debate
  4/27/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/28/2023HouseAdded Alternate Co-Sponsor Rep. Janet Yang Rohr
  5/3/2023HouseAdded Alternate Co-Sponsor Rep. Kevin John Olickal
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Sonya M. Harper
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Lindsey LaPointe
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Ann M. Williams
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Lawrence "Larry" Walsh, Jr.
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Mary Beth Canty
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Jonathan Carroll
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Stephanie A. Kifowit
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Bob Morgan
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Mary Gill
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Angelica Guerrero-Cuellar
  5/4/2023HouseAdded Alternate Co-Sponsor Rep. Kam Buckner
  5/4/2023HouseAdded Alternate Chief Co-Sponsor Rep. Will Guzzardi
  5/8/2023HouseAdded Alternate Co-Sponsor Rep. Diane Blair-Sherlock
  5/8/2023HouseAdded Alternate Co-Sponsor Rep. Cyril Nichols
  5/8/2023HouseThird Reading - Short Debate - Passed 102-000-000
  5/8/2023HouseAdded Alternate Co-Sponsor Rep. Abdelnasser Rashid
  5/8/2023SenatePassed Both Houses
  5/8/2023HouseAdded Alternate Co-Sponsor Rep. Jenn Ladisch Douglass
  5/8/2023HouseAdded Alternate Co-Sponsor Rep. Harry Benton
  6/6/2023SenateSent to the Governor
  6/9/2023SenateGovernor Approved
  6/9/2023SenateEffective Date January 1, 2024
  6/9/2023SenatePublic Act . . . . . . . . . 103-0070

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