S T A T E O F N E W Y O R K
________________________________________________________________________
5615--A
2025-2026 Regular Sessions
I N S E N A T E
February 25, 2025
___________
Introduced by Sens. MAY, ADDABBO, FERNANDEZ, KRUEGER, RAMOS, SCARCELLA-
SPANTON -- read twice and ordered printed, and when printed to be
committed to the Committee on Consumer Protection -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law, in relation to automatic
renewals, continuous service offers, and automatic subscription
renewals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "click to
cancel act".
§ 2. Paragraph c of subdivision 1 of section 527-a of the general
business law, as added by chapter 267 of the laws of 2020, is amended
to read as follows:
c. fail to provide an acknowledgment that includes the automatic
renewal or continuous service offer terms, cancellation policy, and
information regarding how to cancel in a CLEAR AND CONSPICUOUS manner
that is capable of being retained by the consumer. If the offer includes
a free gift or trial, the business shall also disclose in the acknowl-
edgment [how to cancel and allow the consumer to cancel before the
consumer pays for the goods or services] THE PRICE THAT WILL BE CHARGED
AFTER THE FREE GIFT OR TRIAL PERIOD ENDS, AND IF THE FREE GIFT OR TRIAL
PERIOD LASTS FOR MORE THAN THIRTY-ONE DAYS FOLLOWED BY AN UPCOMING AUTO-
MATIC RENEWAL OR CONTINUOUS SERVICE CHARGE TO SUCH CONSUMER'S ACCOUNT,
THE BUSINESS SHALL PROVIDE SUCH ACKNOWLEDGEMENT AT LEAST THREE DAYS
BEFORE, BUT NOT MORE THAN TWENTY-ONE DAYS BEFORE, THE CANCELLATION DEAD-
LINE FOR SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE CHARGE. SUCH
NOTICE SHALL INCLUDE INSTRUCTIONS ON HOW TO CANCEL AND ALLOW THE CONSUM-
ER TO CANCEL BEFORE THE CONSUMER PAYS FOR THE AUTOMATIC RENEWAL OR
CONTINUOUS SERVICE CHARGE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02152-07-5
S. 5615--A 2
§ 3. Paragraph b of subdivision 3 of section 527-a of the general
business law, as added by chapter 728 of the laws of 2023, is amended to
read as follows:
b. A business that allows a consumer to accept an automatic renewal or
continuous service offer for an initial paid term of one year or long-
er[, provided that such automatic renewal or continuous service renews
for a paid term of six months or longer,] WITH A RENEWAL TERM OF MORE
THAN THIRTY-ONE DAYS shall notify such consumer of such upcoming auto-
matic renewal or continuous service charge to such consumer's account at
least fifteen days before, but not more than forty-five days before, the
cancellation deadline for such automatic renewal OR CONTINUOUS SERVICE
CHARGE. Such notice shall include instructions on how to cancel such
renewal OR CONTINUOUS SERVICE charge.
§ 4. Paragraph a of subdivision 3 of section 527-a of the general
business law, as amended by chapter 728 of the laws of 2023, is amended
and a new paragraph d is added to read as follows:
a. In addition to the requirements of subdivision two of this section,
a consumer who accepts an automatic renewal or continuous service offer
online shall be allowed to terminate the automatic renewal or continuous
service exclusively online, which may include a termination email
formatted and provided by the business that a consumer can send to the
business without additional information. A CONSUMER WHO ACCEPTS AN AUTO-
MATIC RENEWAL OR CONTINUOUS SERVICE OFFER SHALL ADDITIONALLY BE ALLOWED
TO TERMINATE THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER IN THE
SAME MEDIUM THAT THE CONSUMER ACCEPTED SUCH AUTOMATIC RENEWAL OR CONTIN-
UOUS SERVICE OFFER. IF THE CONSUMER ACCEPTED THE AUTOMATIC RENEWAL OR
CONTINUOUS SERVICE OFFER THROUGH A PHONE CALL, A TOLL-FREE PHONE NUMBER
SHALL BE PROVIDED FOR THE PURPOSES OF CANCELLATION OF THE SUBSCRIPTION
AND SHALL BE PROMINENTLY DISPLAYED IN THE DISCLOSURE.
D. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION,
IN THE CASE OF A CHANGE IN THE FEE CHARGED UNDER AN EXISTING AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE OFFER THAT HAS BEEN ACCEPTED BY A CONSUM-
ER, THE BUSINESS SHALL PROVIDE, NO LESS THAN SEVEN DAYS AND NO MORE THAN
THIRTY DAYS BEFORE THE FEE CHANGE TAKES EFFECT, THE CONSUMER WITH BOTH
OF THE FOLLOWING: (I) A CLEAR AND CONSPICUOUS NOTICE OF THE FEE CHANGE;
AND (II) INFORMATION REGARDING HOW TO CANCEL SUCH AUTOMATIC RENEWAL OR
CONTINUOUS SERVICE IN A MANNER THAT IS CAPABLE OF BEING RETAINED BY THE
CONSUMER.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.