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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 650 - L.D. 1642
An Act to Protect Maine Consumers by Simplifying Subscription and Health
Club Membership Cancellations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA c. 205-B, headnote is amended to read:
CHAPTER 205-B
AUTOMATIC SUBSCRIPTION OR HEALTH CLUB MEMBERSHIP RENEWAL
Sec. 2. 10 MRSA §1210-C, as enacted by PL 2019, c. 175, §1, is amended by
amending the section headnote to read:
§1210-C. Cancellation of subscriptions or memberships
Sec. 3. 10 MRSA §1210-C, sub-§1, ¶A, as enacted by PL 2019, c. 175, §1, is
amended to read:
A. "Automatic subscription or health club membership renewal" means an offer or
agreement to provide any of the following goods or services for a specified time and
price that is automatically renewed at the end of a definite term for a subsequent term
unless the consumer cancels affirmatively acts to cancel the agreement or to reject
further provision of the goods or services:
(1) Online magazines, journals and periodicals;
(2) Online media players;
(3) Mobile apps;
(4) Social networking services;
(5) Internet game services; and
(6) Online software.; and
(7) Health club memberships.
APPROVED
JUNE 20, 2025
BY GOVERNOR
CHAPTER
376
PUBLIC LAW
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Sec. 4. 10 MRSA §1210-C, sub-§1, ¶B, as enacted by PL 2019, c. 175, §1, is
amended to read:
B. "Extended automatic subscription or health club membership renewal" means an
automatic subscription or health club membership renewal with a specified
subscription term of 12 months or more, in which the subscription or membership
automatically renews for a specified term of more than one month unless the consumer
cancels affirmatively acts to cancel the subscription or membership or to reject further
provision of the goods or services.
Sec. 5. 10 MRSA §1210-C, sub-§1, ¶B-1 is enacted to read:
B-1. "Health club" means an establishment that provides health club services intended
to improve or maintain the user's physical condition or appearance through exercise.
"Health club" includes, but is not limited to, fitness centers, gyms, health studios,
exercise clubs and facilities that offer access to equipment, classes or amenities such
as pools, saunas or courts. "Health club" does not include:
(1) An establishment operated by a nonprofit organization;
(2) An establishment operated by a public or private school, college or university;
(3) An establishment operated by the State, a political subdivision of the State or
the Federal Government;
(4) An establishment in which health club services are incidental to the primary
purpose of the business; and
(5) A health care facility as defined by Title 22, section 328, subsection 8.
Sec. 6. 10 MRSA §1210-C, sub-§1, ¶B-2 is enacted to read:
B-2. "Health club membership" means an agreement under which a consumer pays or
commits to pay a health club for ongoing access to health club services, whether on a
recurring basis or for a specified term. "Health club membership" includes any
agreement entered into online, through a mobile app or over the Internet.
Sec. 7. 10 MRSA §1210-C, sub-§1, ¶B-3 is enacted to read:
B-3. "Health club services" means services, privileges and rights offered by a health
club for use of its equipment, classes or facilities, including but not limited to access
to exercise equipment, wellness programs, swimming pools, playing courts and fitness-
related amenities.
Sec. 8. 10 MRSA §1210-C, sub-§1, ¶G, as enacted by PL 2019, c. 175, §1, is
amended to read:
G. "Seller" means a person who sells, leases or offers to sell or lease automatic
subscription or health club membership renewals or extended automatic subscription
or health club membership renewals and does not include an entity providing only the
host platform on the website of an Internet game service.
Sec. 9. 10 MRSA §1210-C, sub-§2, as enacted by PL 2019, c. 175, §1, is amended
to read:
2. Method of cancellation of automatic subscription or health club membership
renewal; required seller disclosure; misrepresentation. A seller may not make an
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automatic subscription or health club membership renewal offer to a consumer in this State
unless the seller presents that consumer with an a clear, conspicuous and easily accessible
disclosure of all material terms of the renewal offer and of the methods that the consumer
may use to cancel the subscription or membership. A seller shall obtain the express consent
of a consumer to automatic subscription or health club membership renewal prior to
enrollment through a check box, electronic signature requirement or other affirmative
action by the consumer agreeing to the renewal offer. The seller must provide for online
cancellation of the subscription by any means of communicating information over a
computer network or health club membership by a consumer using the same method and
in the same manner by which the consumer initially agreed to the subscription or
membership. If a phone number is also provided for the purposes of cancellation of the
subscription or membership, the number must be toll‑free and must be prominently
displayed in the disclosure. The disclosure must also include, but is not limited to,
information regarding the amount and frequency of subscription or membership charges
and the seller's refund policy upon cancellation. In marketing, offering or selling a
subscription or membership with an automatic subscription or health club membership
renewal, a seller may not make any misrepresentation of a material fact associated with that
renewal offer.
Sec. 10. 10 MRSA §1210-C, sub-§3, as enacted by PL 2019, c. 175, §1, is amended
to read:
3. Extended automatic subscriptions subscription or health club membership
renewals; additional notice requirement. A seller may not make an extended automatic
subscription or health club membership renewal offer to a consumer in this State unless the
seller complies with the same requirements and restrictions applicable to automatic
subscription or health club membership renewals under subsection 2 and additionally
notifies the consumer of the automatic renewal in accordance with this subsection. Notice
must be provided to the consumer no less No more than 30 days and no more than 60 days
before the cancellation deadline pursuant to the automatic subscription renewal. The seller
must provide for online cancellation of the subscription by any means of communicating
information over a computer network. The notice before the renewal date for an extended
automatic subscription or health club membership renewal, the seller shall provide notice
to the consumer regarding the renewal, which must disclose clearly and conspicuously:
A. That unless the consumer cancels the subscription or membership it will
automatically renew; and
B. Where the consumer can obtain details regarding the automatic subscription
renewal and cancellation procedure.
Sec. 11. 10 MRSA §1210-C, sub-§4, as enacted by PL 2019, c. 175, §1, is amended
to read:
4. Application. This chapter applies only to an agreement entered into or renewed
after January 1, 2020 under which a seller makes an automatic subscription or health club
membership renewal or extended automatic subscription or health club membership
renewal offer to a consumer in this State.
Sec. 12. 10 MRSA §1210-D, as enacted by PL 2019, c. 175, §1, is amended to read:
§1210-D. Violation
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1. Violations. A violation of this section chapter is a violation of the Maine Unfair
Trade Practices Act. Notwithstanding any provision of law to the contrary, in addition to
remedies authorized pursuant to the Maine Unfair Trade Practices Act, a person found in
violation of this chapter based on unauthorized subscription or membership or other
charges billed to or paid by a consumer is required to provide to the consumer a refund or
credit for 3 times the unauthorized amounts billed or paid.
2. Exceptions. An action may not be brought under the Maine Unfair Trade Practices
Act if a seller violates this chapter as the result of an error and provides a full refund or
credit for all amounts billed to or paid by the consumer from the date of the subscription or
membership renewal until the date of the termination of the subscription or membership or
the date of the subsequent notice of renewal, whichever occurs first.
3. Enforcement; rules. The Attorney General shall enforce the provisions of this
chapter and shall bring necessary actions for violations of this chapter in accordance with
this section. The Attorney General may adopt rules necessary for the enforcement of this
chapter. Rules adopted by the Attorney General pursuant to this subsection are routine
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 13. Application. Notwithstanding the Maine Revised Statutes, Title 10, section
1210-C, subsection 4, this Act applies only to offers or agreements entered into or renewed
on or after January 1, 2026 under which a seller makes an automatic subscription or health
club membership renewal or extended automatic subscription or health club membership
renewal offer to a consumer in this State.