AUTO CONTRACT-SIMPLE CANCEL

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SB3562 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3562

Introduced 2/5/2026, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

815 ILCS 601/5
815 ILCS 601/10

Amends the Automatic Contract Renewal Act. 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, shall provide the consumer with the
option to cancel the contract, at any time, using a simple cancellation
mechanism in the same medium that the consumer used to consent to the
contract. Provides that an entity shall provide a clear and conspicuous
notice, in a manner that may be retained by the consumer, of any material
change to the terms of a contract containing an automatic renewal offer at
least 3 days prior to the change to the terms. Sets forth additional
requirements concerning the cancellation of automatic renewal offers,
continuous service offers, and free trial or promotional period offers
entered into online, including requiring an entity to provide a one-step
online cancellation link. Makes other changes.
LRB104 20056 SPS 33507 b

A BILL FOR

SB3562
LRB104 20056 SPS 33507 b
1

AN ACT concerning business.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Automatic Contract Renewal Act is amended
5
by changing Sections 5 and 10 as follows:

6

(815 ILCS 601/5)
7

Sec. 5.
Definitions.
In this Act:
8

"Automatic renewal offer terms" means the following clear
9
and conspicuous disclosures:
10

(1) that the paid subscription or purchasing agreement
11

will continue until the consumer cancels;
12

(2) the timeframe in which the consumer must cancel in
13

order to avoid being charged for a subsequent term;
14

(3) the recurring charges that will be charged to the
15

consumer's credit or debit card or payment account with a
16

third party as part of the automatic renewal contract, and
17

that the amount of the charge may change, if that is the
18

case, and the amount to which the charge will change, if
19

known;
20

(4) the length of the automatic renewal term or that
21

the service is continuous, unless the length of the term
22

is chosen by the consumer; and
23

(5) the minimum purchase obligation, if any.

SB3562
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LRB104 20056 SPS 33507 b
1

"Clear and conspicuous" means in larger type than the
2
surrounding text, or in contrasting type, font, or color to
3
the surrounding text of the same size, or set off from the
4
surrounding text of the same size by symbols or other marks, in
5
a manner that clearly calls attention to the language. In the
6
case of an audio disclosure, "clear and conspicuous" means in
7
a volume and cadence sufficient to be readily audible and
8
understandable.
9

"Contract" means a written agreement between 2 or more
10
parties.
11

"One-step online cancellation" means an online method of
12
cancellation that does not require the consumer to take
13
additional actions that obstruct or delay the consumer's
14
ability to immediately terminate an automatic renewal contract
15
or continuous service offer.

16

"Parties" includes individuals and other legal entities,
17
but does not include the federal government, this State or
18
another state, or a unit of local government.
19
(Source: P.A. 102-558, eff. 8-20-21; 103-70, eff. 1-1-24
.)

20

(815 ILCS 601/10)
21

Sec. 10.
Automatic renewal; requirements.
22

(a) Any person, firm, partnership, association, or
23
corporation that sells or offers to sell any products or
24
services to a consumer pursuant to a contract, where such
25
contract automatically renews unless the consumer cancels the

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LRB104 20056 SPS 33507 b
1
contract, shall:
2

(i) disclose the automatic renewal offer terms clearly
3

and conspicuously in the contract before the subscription
4

or purchasing agreement is fulfilled and in visual
5

proximity, or in the case of an offer conveyed by voice, in
6

temporal proximity, to the request for consent to the
7

offer;
8

(ii) not charge the consumer's credit or debit card or
9

other payment mechanism for an automatic renewal service
10

without first obtaining the consumer's consent to the
11

contract containing the automatic renewal offer terms;
12

(iii) provide an acknowledgment that includes the
13

automatic renewal offer terms, cancellation policy, and
14

information regarding how to cancel, which may be
15

accomplished by linking to a resource that provides
16

instructions that account for different platforms and
17

services, in a manner that is capable of being retained by
18

the consumer;
and
19

(iv) if the offer includes a free gift or trial,
20

disclose how to cancel the contract, which may be
21

accomplished by linking to a resource that provides
22

instructions that account for different platforms and
23

services, and allow the consumer to cancel before the
24

consumer pays for the good or services
; and

.

25

(v) provide the consumer with the option to cancel the
26

contract, at any time, using a simple cancellation

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LRB104 20056 SPS 33507 b
1

mechanism in the same medium that the consumer used to
2

consent to the contract containing the automatic renewal
3

offer terms.

4

An entity subject to this subsection shall provide a clear
5
and conspicuous notice, in a manner that may be retained by the
6
consumer, of any material change to the terms of the contract,
7
including any price increase, at least 3 days prior to the
8
change to the terms. The notice shall contain information
9
concerning how to cancel the contract. If the notice is sent
10
electronically, the notice shall include either a hyperlink
11
that directs the consumer to a webpage containing the
12
cancellation process or another reasonably accessible
13
electronic method that directs the consumer to the
14
cancellation process if no webpage exists.
15

(a-5) Any person, firm, partnership, association, or
16
corporation that sells or offers to sell any products or
17
services to a consumer pursuant to a contract that includes a
18
free trial or a promotional period of the product or service
19
that lasts 15 days or longer, where such contract
20
automatically renews unless the consumer cancels the contract,
21
shall notify the consumer during the free trial or the
22
promotional period no less than 3 days before the cancellation
23
deadline as described by the automatic renewal offer terms.
24
The person, firm, partnership, association, or corporation
25
shall send the notice in a method in which the consumer is
26
accustomed to interacting with the person, firm, partnership,

SB3562
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LRB104 20056 SPS 33507 b
1
association, or corporation.
2

(b) Any person, firm, partnership, association, or
3
corporation that sells or offers to sell any products or
4
services to a consumer pursuant to a contract, where such
5
contract term is a specified term of 12 months or more, and
6
where such contract automatically renews for a specified term
7
of more than one month unless the consumer cancels the
8
contract, shall notify the consumer in writing of the
9
automatic renewal. Written notice shall be provided to the
10
consumer no less than 30 days and no more than 60 days before
11
the cancellation deadline pursuant to the automatic renewal
12
offer terms. Such written notice shall disclose clearly and
13
conspicuously, in a retainable form:
14

(i) that unless the consumer cancels the contract it
15

will automatically renew;
16

(ii) a mechanism for cancelling the contract, which
17

shall be offered in a manner in which the consumer
18

commonly interacts with the business; and
19

(iii) the deadline by which the consumer must cancel
20

in order to avoid being charged for a subsequent term.
21

(b-5)
Any

A
person, firm, partnership, association, or
22
corporation that makes an automatic renewal offer
,

or

23
continuous service offer
, or free trial or promotional period
24
offer

online
shall provide
the consumer with the ability to
25
cancel or terminate the automatic renewal, continuous service,
26
or free trial or promotional period, at any time, using a

SB3562
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LRB104 20056 SPS 33507 b
1
simple, easy-to-use cancellation mechanism, which shall be
2
available in:
3

(1) the same medium that the consumer used to consent
4

to the offer and resulted in the activation of the
5

automatic renewal contract, continuous service, or free
6

trial or promotional period; or
7

(2) the same medium in which the consumer is
8

accustomed to interacting with the business, including,
9

but not limited to, in person or by
a toll-free telephone
10

number, electronic mail address,
or
a postal address
if
11

the seller directly bills the consumer, or another
12

cost-effective, timely, and easy-to-use mechanism for
13

cancellation that shall be described in the notice
14

required in subsection (b)
.
15

(b-10) Notwithstanding the provisions of subsection (b-5),
16
a

A
consumer who accepts an automatic renewal
,

or
continuous
17
service offer
, or free trial or promotional period offer

18
online must be allowed to terminate the automatic renewal
,

or

19
continuous service
, or free trial or promotional period

20
exclusively online,
and without engaging in any additional
21
steps that obstruct or delay the consumer's ability to cancel
22
immediately,
which may include a termination email formatted
23
and provided by the business that a consumer can send to the
24
business without additional information, or a link to a
25
website or other online service consumers can use to cancel.
26

(b-15) An entity subject to the provisions of subsection

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LRB104 20056 SPS 33507 b
1
(b-5) or (b-10) may comply with those subsections if the
2
entity provides:
3

(1) a hyperlink to a one-step online cancellation
4

process through a website or other online medium, or
5

through an electronic communication; or
6

(2) one of the following means if the consumer
7

consented to the automatic renewal contract offer through
8

means other than online:
9

(A) a physical location where the consumer
10

regularly uses any goods or services that are subject
11

to the automatic renewal contract and where the
12

consumer may cancel the contract; or
13

(B) a toll-free telephone number.
14

Notwithstanding the requirements set forth in this
15
subsection, if a consumer requests to cancel the contract, an
16
entity may provide a discount offer, retention benefit, or
17
other consumer benefit or inform the consumer of the effect of
18
the cancellation, provided that the consumer remains able to
19
terminate the automatic renewal contract.
20

An entity may require a consumer to enter account
21
information or digitally authenticate the consumer's identity
22
before terminating the contract online if the consumer has an
23
account with the business. A consumer who is unwilling or
24
unable to enter account information or digitally authenticate
25
the consumer's identity before termination of the contract
26
online shall not be prevented from terminating the contract

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LRB104 20056 SPS 33507 b
1
offline using another method.

2

(b-20) It is a violation of this Act for any person, firm,
3
partnership, association, or corporation that sells or offers
4
to sell any products or services to a consumer pursuant to a
5
contract, where such contract automatically renews unless the
6
consumer terminates the contract, to charge the consumer or
7
the consumer's account following an increase in price, or a
8
price higher than what was disclosed in the contract's
9
automatic renewal offer terms, without either:
10

(1) obtaining the consumer's consent to the increased
11

price before the increase in price occurs; or
12

(2) allowing the consumer to cancel the contract
13

anytime within at least 7 days after the charge is
14

assessed to the consumer or the consumer's account and
15

refunding the consumer in the amount equivalent to the
16

price of the remaining term of the service, at the time of
17

the cancellation, on a pro rata basis.
18

(c) A person, firm, partnership, association, or
19
corporation will not be liable for a violation of this Act or
20
the Consumer Fraud and Deceptive Business Practices Act if
21
such person, firm, partnership, association, or corporation
22
demonstrates that, as part of its routine business practice:
23

(i) it has established and implemented written
24

procedures to comply with this Act and enforces compliance
25

with the procedures;
26

(ii) any failure to comply with this Act is the result

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LRB104 20056 SPS 33507 b
1

of error; and
2

(iii) where an error has caused a failure to comply
3

with this Act, it provides a full refund or credit for all
4

amounts billed to or paid by the consumer from the date of
5

the renewal until the date of the termination of the
6

account, or the date of the subsequent notice of renewal,
7

whichever occurs first.
8
(Source: P.A. 102-517, eff. 1-1-22; 103-70, eff. 1-1-24;
9
103-919, eff. 1-1-25
.)

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