Bill
HB 1820
Summary — HB 1820Note on sources and scope- The provided record for “HB 1820” appears to combine material from more than one jurisdiction and more than one subject. Most of the det
Note on sources and scope
- The provided record for “HB 1820” appears to combine material from more than one jurisdiction and more than one subject. Most of the detailed text is an Arkansas bill (House Bill 1820) that would regulate automatic renewals and continuous service offers; additional text appears to be from an Illinois HB 1820 addressing pension reductions and a State Mandates Act provision; the header metadata (title: “Appropriation; City of Jackson…”) does not match the body. The bill’s procedural history in the record is inconsistent (entries show both committee death and enactment). Please consult the official state legislative website for the correct, jurisdiction‑specific status. Below are clear, separate summaries of the principal substantive items found in the document.
Purpose and intent
- To regulate automatic renewal (auto‑renew) and continuous service offers in consumer contracts, improve notice/consent requirements, and reduce deceptive practices that lead consumers into unintended ongoing charges.
Key definitions introduced
- Automatic renewal: paid subscription or purchasing agreement that renews at the end of a definite term.
- Continuous service: subscription/arrangement that continues until the consumer cancels.
- Free‑to‑pay conversion: a free trial or gift that converts into a paid obligation unless the consumer takes affirmative action to cancel.
- Clear and conspicuous: defined standards for visual and audio disclosures.
Major provisions and consumer protections
- Required disclosures (“offer terms”) to be made clearly and conspicuously before consent, including:
- That the subscription will continue until cancelled;
- Recurring charge amounts (or range), and that amounts may change (and to what if known);
- Length of the term (unless selected by consumer);
- Cancellation policy and how to cancel;
- Minimum purchase obligation, if any.
- Prohibitions:
- Charging a consumer’s card or third‑party payment account for auto‑renew/continuous service without first obtaining the consumer’s consent to the offer terms.
- Failing to provide an acknowledgment that includes offer terms and cancellation information in a format the consumer can retain.
- Failing to obtain and retain verification of consumer consent for at least three years (or one year after contract termination, whichever is longer).
- Misrepresenting material facts about the transaction or underlying goods/services.
- Notice requirements:
- Businesses must give a clear notice before confirming billing information, including methods (link or accessible electronic means) to cancel.
- Special notice requirement triggered when free trials longer than 31 days are part of an auto‑renew or continuous service (text truncated in document, but amendment language points to that trigger).
- Enforcement:
- Violations treated as unfair or deceptive acts under state Deceptive Trade Practices law; Attorney General remedies and penalties available.
Exceptions and exclusions (amendments)
- The statute excludes certain regulated entities:
- Entities under the jurisdiction of the Arkansas Banking, Securities, and (amended) Insurance Commissioner (including Service Contracts Act) and the Arkansas Public Service Commission.
- Federal Communications Commission regulated providers (excluding satellite radio).
- Municipal utilities (explicitly defined to include electricity, water, wastewater, cable, broadband and related consolidated systems or nonprofit‑managed utilities).
- Entities operating under a state or local franchise.
- Entities regulated by the Division of Arkansas State Police under the Private Security/Investigator/School Security licensing act (per Senate amendment S1).
- Attorney General enforcement through existing deceptive trade statutes.
Procedural notes in the record
- The document shows multiple amendments (House Amendment H1, Senate Amendment S1, and House Floor amendments) altering definitions and exemption lists.
- The legislative action log in the provided text is inconsistent: it includes entries indicating passage, engrossing, enrollment and Act numbers (e.g., “HB1820 is now Act 652”), as well as entries stating “Died in Committee” and multiple committee referrals. Because of conflicting entries, verify the bill’s final status on the Arkansas General Assembly website.
Potential impact
- Would strengthen consumer protections against unannounced renewals and surprise billing from trial conversions.
- Imposes new business compliance tasks: clearer pre‑consent disclosures, record retention (verification of consent), and procedural steps for cancelation mechanisms.
- Exempts specified regulated entities and municipal utilities, narrowing the bill’s coverage for some industries.
Purpose
- Amend Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code to change how disability and survivor benefit offsets interact with workers’ compensation benefits.
Key change
- If a person (in some versions: a surviving spouse) is entitled to a survivor’s benefit because the decedent’s sickness/accident/injury arose from an act of duty (or cumulative acts of duty), then there shall be no reduction in the pension Article benefits for that survivor based on corresponding workers’ compensation benefits.
State mandate
- Adds a section to the State Mandates Act specifying that implementation of the amendment requires no state reimbursement (an “exempt mandate”).
Procedural note
- The Illinois text in the file appears to be an introduced House bill with amendments; confirm status on the Illinois General Assembly website for up‑to‑date action.
Compiled from official sources — confirm details with the bill’s official record.
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