HB0617ham001 96TH GENERAL ASSEMBLY

Rep. Raymond Poe

Filed: 3/19/2009

09600HB0617ham001 LRB096 04804 KTG 23946 a

AMENDMENT TO HOUSE BILL 617

AMENDMENT NO. ______. Amend House Bill 617 by replacing everything after the enacting clause with the following:

"Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by changing and renumbering Section 2AAA, as added by Public Act 95-765, as follows:

(815 ILCS 505/2CCC)

Sec. 2CCC 2AAA. Internet game gaming service provider; cancellation.

(a) As used in this Section:

"Internet game gaming service provider" means a person who provides a web site that includes information, software, data, text, photographs, graphics, sound, or video that may be accessed by a consumer on a paid subscription basis for a fee for the purpose of the consumer playing a single player or multiplayer game through the Internet or that may be downloaded for the consumer to play on his or her computer outside of the Internet. "Internet game gaming service provider" does not include online gambling or other gaming where a consumer can enter to win money.

(b) This Section applies only to agreements under which an Internet game gaming service provider provides service to consumers, for home and personal use, for a stated term that is automatically renewed for another term unless the consumer cancels the service.

(c) An Internet game gaming service provider must give a consumer who is an Illinois resident a disclosure of the methods the consumer may use to cancel the service. One of the methods of cancellation must provide for online cancellation of the service via email, chat, instant messaging, web-based forms, or any other means of communicating information over a computer network the following: (1) a secure method at the Internet gaming service provider's web site that the consumer may use to cancel the service, which method shall not require the consumer to make a telephone call or send U.S. Postal Service mail to effectuate the cancellation; and (2) instructions that the consumer may follow to cancel the service at the Internet gaming service provider's web site.

(d) This Section does not apply to any entity that merely provides the host platform on the web site to the Internet game gaming service provider.

(e) A person who violates this Section commits an unlawful practice within the meaning of this Act.

(Source: P.A. 95-765, eff. 1-1-09; revised 9-25-08.)

Section 99. Effective date. This Act takes effect January 1, 2010.".