HB 129 — An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions.

PRIOR PRINTER'S NO.

110 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1875129 THE2025 GENERALINTRODUCED ASSEMBLYBY OFBOROWSKI, PENNSYLVANIAVENKAT, HOUSEGIRAL, BILLHOWARD, SessionPROBST, KHAN, CIRESI, SANCHEZ, HADDOCK, SHUSTERMAN, GUENST AND PROKOPIAK, JANUARY 16, 2025 REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY, JANUARY 16, 2025 AN ACT Amending the act of No.December 17, 1968 (P.L.1224, No.387), entitled "An act prohibiting unfair methods of competition and unfair or deceptive acts or practices in the conduct of District Attorneys certain powers and duties and providing penalties," further providing for definitions.

129 2025 INTRODUCED BY BOROWSKI, VENKAT, GIRAL, HOWARD, PROBST, KHAN, CIRESI, SANCHEZ, HADDOCK, SHUSTERMAN, GUENST, PROKOPIAK, CERRATO, GREEN, WAXMAN AND RIVERA, JANUARY 16, 2025 AS REPORTED FROM COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 10, 2025 AN ACT Amending the act of December 17, 1968 (P.L.1224, No.387), entitled "An act prohibiting unfair methods of competition and unfair or deceptive acts or practices in the conduct of District Attorneys certain powers and duties and providing penalties," further providing for definitions.

Section 2(4) of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, is amended by adding a subclause AND <-- THE SECTION IS AMENDED BY ADDING A CLAUSE to read:

(A) The term "negative option plan" means a transaction that <-- involves a seller and a consumer and includes the sending of goods or performance of services not actually ordered or requested by the consumer or that the consumer must opt out from ordering or receiving, unless:

(A)(I) THEThe TERMprovision "NEGATIVEregarding OPTIONthe PLAN"transaction MEANSis ANspecified AGREEMENTin INa <--clear WHICHand THEconspicuous CONSUMER'Smanner, SILENCEis ORin FAILUREat TOleast TAKEtwelve-point AFFIRMATIVEtype, ACTIONis TOboldfaced REJECTand Aincludes GOODall ORof SERVICEthe ORfollowing: TO CANCEL THE AGREEMENT IS INTERPRETED BY THE NEGATIVE OPTION SELLER AS ACCEPTANCE OR CONTINUING ACCEPTANCE OF THE OFFER, INCLUDING, BUT NOT LIMITED TO, AN AUTOMATIC RENEWAL, A CONTINUITY PLAN, A FREE-TO-PAY CONVERSION OR FEE-TO-PAY CONVERSION OR A PRE-NOTIFICATION NEGATIVE OPTION PLAN, UNLESS:

(I)(a) The provisionspecific regardingprocedure theby transactionwhich isthe specifiedconsumer inmay acancel clear and conspicuous manner, is in at leastthe twelve-pointend <--of type,the isinitial boldfacedterm and includesthe allterms of the following:automatic renewal.

(a)(b) TheAn specificacknowledgment procedurethat byincludes which the consumerautomatic mayrenewal canceloffer <--terms atand theinformation endregarding ofhow theto initialcancel termin anda themanner termsthat is capable of thebeing automaticretained renewal.by the consumer.

(b)(c) (A)A Anguarantee acknowledgment that includes the automaticseller <--will renewalnotify offerthe termsconsumer andbefore informationthe regardingautomatic howrenewal tooccurs: THE <-- SPECIFIC PROCEDURE BY WHICH THE CONSUMER MAY cancel in a manner that is capable of being retained by the consumer.

(c) (B) A guarantee that the seller will notify the consumer <-- before the automatic renewal occurs:

(ii) Not more than thirty days before a renewal period of 20250HB0129PN1875 - 2 - three months or more.

<-- (II) The renewal period does not exceed twelve months.

BY(III) <--If WHICHthe THEoffer CONSUMERincludes COMMONLYa INTERACTSfree, WITHdiscounted THEor BUSINESS.otherwise different introductory trial, all of the following apply:

(III)(a) (II)The Ifseller discloses in the offeracknowledgment includesrequired aunder free,subunit discounted(I)(b) orhow <--to otherwisecancel differentand introductoryallow trial,the allconsumer ofto cancel before the followingconsumer apply:pays the full amount for the goods or services.

(a)20250HB0129PN0110 The- seller2 discloses- in(b) At the acknowledgmentinitiation requiredof underan subunitintroductory (I)(b)trial (I)(A)period, howthe toseller canceldiscloses anda allowdescription theof consumerall <--charges tothat cancelwill beforebe imposed after the consumerintroductory paystrial theperiod fullends, amountincluding whether billing will include charges for shipping and handling and the goodsamount orof services.the shipping and handling charges.

(b)(IV) AtThe themeans initiation of ancancellation introductoryavailable trialto period, the sellerconsumer disclosesare aidentical descriptionto ofthe allmeans chargesby thatwhich will be imposed after the introductoryconsumer trialmay periodagree ends,to including whether billing will include charges for shipping and handling and the amountprovision. of the shipping and handling charges.

(IV)(V) (III) The meansseller MECHANISMSdoes ofnot cancellationmake availableor tosubmit <--a charge to the consumerconsumer's arecredit identicalcard, todebit card, bank account, account with a third party or other financial account, unless the meansseller MECHANISMShas bycomplied whichwith the <--requirements consumerof maythis agreesubclause and obtained the consumer's affirmative consent to the provision.agreement containing the terms of the automatic renewal.

(V) (IV) The seller does not make or submit a charge to the <-- consumer's credit card, debit card, bank account, account with a third party or other financial account, unless the seller has complied with the requirements of this subclause and obtained the consumer's affirmative consent to the agreement containing the terms of the automatic renewal.

(b) Includes a written statement, including a statement 20250HB0129PN1875 - 3 - written by electronic means, or an unambiguous affirmative action.

(III) A service provided by a business entity or its affiliate for which the business entity or its affiliate is regulated by the Federal Communications Commission, the Federal 20250HB0129PN0110 - 3 - Energy Regulatory Commission or the Pennsylvania Public Utility Commission.

(VII) SERVICES FOR THE INSTALLATION, SERVICE, INSPECTION, <-- TESTING, MAINTENANCE OR MONITORING OF A SECURITY SYSTEM.

AS USED IN THIS SUBUNIT, THE TERM "SECURITY SYSTEM" MEANS AN ASSEMBLY OF ELECTRONIC EQUIPMENT AND DEVICES THAT PROVIDES, AS ITS MAIN PURPOSE, THE PROTECTION OF LIFE OR PROPERTY AND THE DETECTION OF THREATS OR VIOLATIONS TO THE SECURITY OF THE PROTECTED PREMISES.

THE SYSTEMS FUNCTIONS INCLUDE, SOLELY OR IN COMBINATION:

BURGLAR ALARM SYSTEMS, FIRE ALARM AND SPRINKLER SYSTEMS, ELECTRONIC ACCESS CONTROL SYSTEMS, VIDEO SURVEILLANCE SYSTEMS OR PERSONAL EMERGENCY RESPONSE SYSTEMS.

* * * 20250HB0129PN1875 - 4 - (14) "CLEAR AND CONSPICUOUS" MEANS, IN REFERENCE TO TEXT, TYPE LARGER THAN THE SURROUNDING TEXT, OR IN CONTRASTING TYPE, FONT, OR COLOR TO THE SURROUNDING TEXT OF THE SAME SIZE, OR SET OFF FROM THE SURROUNDING TEXT OF THE SAME SIZE BY SYMBOLS OR OTHER MARKS, IN A MANNER THAT CLEARLY CALLS ATTENTION TO THE LANGUAGE.

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