An Act to P1·otect Maine Consumers by Simplifying Subscription
Maine Legislature, Session 132, LD 1642
Committee Amendment CA_A_SA_A_S391 (Senate)
Amends: 10 MRSA §1210-C, 10 MRSA §1210-D

SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "N' to S.P. 650, 
L.D. 1642, "An Act to P1·otect Maine Consumers by Simplifying Subscription 
Cancellations" 
Amend the amendment by striking out everything after the title and inserting the 
following: 
'Amend the bill by striking out the title and substituting the following: 
'An Act to Protect Maine Consumers by Simplifying Subscription and Health 
Club Membership Cancellations' 
Amend the bill by stt'iking out everything after the enacting clause and insetting the 
following: 
'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, 1A, as enacted by PL 2019, c. 175, §1, is 
amended to read: 
A. "Automatic subscription 01· 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 eaaeels affirmatively acts to cancel the agreement or to reject 
further provision of the goods or services: 
( l) Online magazines, journals and periodicals; 
(2) Online media players; 
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SENATE AMENDMENT "A " 
to COMMITTEE AMENDMENT "A" to S.P. 650, L.D. 1642 { .5·JCJ I) 
(3) Mobile apps; 
(4) Social networking services; 
(5) Internet game services; and 
(6) Online software.-; and 
(7) Health club memberships. 
Sec. 4. 10 MRSA §1210-C, sub-§1, ,rn, as enacted by PL 2019, c. 175, §1, is 
amended to read: 
B. "Extended automatic subscription or health club membershi12 renewal" means an 
automatic subscription or health club membership renewal with a specified 
subscription tem1 of 12 months or more, in which the subscription or membership 
automatically 1·enews for a specified term of more than one month unless the consumer 
oanoels affirmatively acts to cancel the subscription or membership or to reject fu1ther 
provision of the goods or services. 
Sec, 5. 10 MRSA §1210-C, sub-§1, ,rB-1 is enacted to read: 
B-1. 
11Health 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 01· 
the Federal Goyemment; 
( 4) An establishment in which health club services are incidental to the primaiy 
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, ,rB-2 is enacted to read: 
B-2, "Health club membership" means an ag1·eement under which a consumer pays or 
commits to pay a health club fo1· 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, ,rB-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 comis and fitness-
related amenities. 
Sec. 8. 10 MRSA §1210-C, sub-§1, 1fG, 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 
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SENATE AMENDMENT "A " 
lo COMMITTEE AMENDMENT "A" to S.P. 650, L.D. 1642 ( J 3 9 J 
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; 1·eguired seller disclosure; misrepresentation, A seller may not make an 
automatic subscl'iption or health club membership renewal offer to a consumer in this State 
unless the seller presents that consumer with aa a cleat', 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 agt·eeing to the renewal offer. The seller must provide for eH-1-iee 
cancellation of the subscription by any means of eom.mt-10ieati0g i0formation o•,er a 
001ttpl-!ter network 01· 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 pl'Ominently 
displayed in the disclosure. The disclosure must also include. but is not limited to. 
information regarding the amount and frequency of subscription 01· membership cha1·ges 
and the selle1·'s refund policy upon cancellation. In marketing. offering or selling a 
subscription or membership with an automatic subscription 01· 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 suhseriptians 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 
selte1· 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, Netiae 
0uwt be pmvided to the eoasamet· no less No more than 30 days and RO more than 60 days 
befo1·e the e1n1eella-tion deadline parst-1aRt to the 1:mtom.atie subsol:'iption reno•;.•al. The seller 
nrnst pro•,ide :fEH' online eaneellatio!l of the subsoriptioa by a~· 1ttoaRs of eom.m.t-1aioating 
informa-tiOH o'\1e1· a eomp1:tter network. The aotiee before the renewal date for an extended 
automatic subscription or health club membership renewal. the selle1· 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 a1:ttom.atio st-1hseription 
renewal and cancellation procedure. 
Sec, 11, 10 MRSA §1210-C, sub-§4, as enacted by PL 2019, c. 175, §1, is amended 
to read: 
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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, § l, is amended to read: 
§1210-D, Violation 
1. Violations. A violation of this seetion 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 ot· 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 Qt 
membership renewal until the date of the termination of the subscription or membership or 
the date of the subsequent notice ofrenewal, whichever occurs first. 
3. Enforcement; rules, The Attorney General shall enforce the provisions of this 
chapte1· and shall bring necessa1y actions for violations of this chapter in accordance with 
this section. The Attomey General may adopt rules necessa1y for the enforcement of this 
chapter, Rules adopted by the Attomey General pursuant to this subsection am 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 01· health 
club membership renewal or extended automatic subscription or health club membership 
renewal offer to a consumer in this State.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment incorporates the changes made to the bill by Committee Amendment 
11A
and clarifies that the automatic renewal provisions of the bill also apply to health club 
memberships. 
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SPONSOREDBY1 ':f'!!,/V"'--
(Senator NANGL;,;) 
COUNTY: Cumbel'land 
SENATE AMENDMENT