This bill amends the law regulating automatic subscription renewals to clarify the disclosure requirements for sellers offering such subscriptions, including by requiring a seller to obtain a consumer's express consent for automatic subscription renewal prior to enrollment through a check box, electronic signature requirement or other affirmative action by the consumer agreeing to the renewal offer; by requiring the seller to provide for cancellation of such subscriptions by a consumer using the same method and in the same manner by which the consumer initially agreed to the subscription; and by prohibiting a seller from misrepresenting a material fact regarding an automatic subscription renewal offer in the marketing, offering or selling of such subscriptions. The bill directs the Attorney General to enforce the provisions of the law regulating automatic subscription renewals, to bring necessary actions for violations of that law and to adopt rules necessary for the enforcement of that law. It also provides that, in addition to damages or penalties authorized pursuant to the Maine Unfair Trade Practices Act, a person found in violation of that law based on unauthorized subscription 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. The changes provided in the bill to the law regulating automatic subscription renewals apply only to offers or agreements entered into or renewed on or after January 1, 2026 under which a seller makes an automatic subscription renewal or extended automatic subscription renewal offer to a consumer in this State.

Statutes affected:
Bill Text LD 1642, SP 650: 10.1210