Public Act 0765 95TH GENERAL ASSEMBLY

HB4178 Enrolled LRB095 14378 AJO 40281 b

Public Act 095-0765

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2AAA as follows:

(815 ILCS 505/2AAA new)

Sec. 2AAA. Internet gaming service provider; cancellation.

(a) As used in this Section:

"Internet gaming service provider" means a person who provides a web site that includes information, software, data, text, photographs, graphics, sound, or video that may be accessed by a consumer for a fee for the purpose of the consumer playing a single player or multiplayer game through the Internet or that may be downloaded for the consumer to play on his or her computer outside of the Internet. "Internet gaming service provider" does not include online gambling or other gaming where a consumer can enter to win money.

(b) This Section applies only to agreements under which an Internet gaming service provider provides service to consumers, for home and personal use, for a stated term that is automatically renewed for another term unless the consumer cancels the service.

(c) An Internet gaming service provider must give a consumer who is an Illinois resident the following: (1) a secure method at the Internet gaming service provider's web site that the consumer may use to cancel the service, which method shall not require the consumer to make a telephone call or send U.S. Postal Service mail to effectuate the cancellation; and (2) instructions that the consumer may follow to cancel the service at the Internet gaming service provider's web site.

(d) This Section does not apply to any entity that merely provides the host platform on the web site to the Internet gaming service provider.

(e) A person who violates this Section commits an unlawful practice within the meaning of this Act.

Effective Date: 1/1/2009