1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Automatic subscription or 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 affirmatively acts to cancel the agreement or to reject further provision of the goods or services: (1) Online magazines, journals and periodicals; (2) Online media players; (3) Mobile apps; (4) Social networking services; (5) Internet game services; (6) Online software; and (7) Health club memberships. [PL 2025, c. 376, §3 (AMD); PL 2025, c. 376, §13 (AFF).] B. "Extended automatic subscription or health club membership renewal" means an automatic subscription or health club membership renewal with a specified subscription term of 12 months or more, in which the subscription or membership automatically renews for a specified term of more than one month unless the consumer affirmatively acts to cancel the subscription or membership or to reject further provision of the goods or services. [PL 2025, c. 376, §4 (AMD); PL 2025, c. 376, §13 (AFF).] B-1. "Health 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 or the Federal Government; (4) An establishment in which health club services are incidental to the primary purpose of the business; and (5) A health care facility as defined by Title 22, section 328, subsection 8. [PL 2025, c. 376, §5 (NEW); PL 2025, c. 376, §13 (AFF).] B-2. "Health club membership" means an agreement under which a consumer pays or commits to pay a health club for 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. [PL 2025, c. 376, §6 (NEW); PL 2025, c. 376, §13 (AFF).] 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 courts and fitness-related amenities. [PL 2025, c. 376, §7 (NEW); PL 2025, c. 376, §13 (AFF).] C. "Internet game service" means an online service that provides information, software, data, text, photographs, graphics, audio or video that may be accessed by a consumer on a paid subscription basis for the purpose of allowing that consumer to play a single-player or multiplayer game through the Internet or to download a game for that consumer to play offline. "Internet game service" does not include online gambling or other gaming in which a person participates to win money. [PL 2019, c. 175, §1 (NEW).] D. "Mobile app" means a software application designed to be operated on a mobile device such as a smartphone. [PL 2019, c. 175, §1 (NEW).] E. "Online media player" means an online service that delivers audio or video content. [PL 2019, c. 175, §1 (NEW).] F. "Online software" means software provided by an online application. [PL 2019, c. 175, §1 (NEW).] 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 or health club membership renewals and does not include an entity providing only the host platform on the website of an Internet game service. [PL 2025, c. 376, §8 (AMD); PL 2025, c. 376, §13 (AFF).] H. "Social networking service" means an online service that facilitates the building of social relations and the sharing of information among specified groups of people. [PL 2019, c. 175, §1 (NEW).] [PL 2025, c. 376, §§3-8 (AMD); PL 2025, c. 376, §13 (AFF).] 2. Method of cancellation of automatic subscription or health club membership renewal; required seller disclosure; misrepresentation. A seller may not make an automatic subscription or health club membership renewal offer to a consumer in this State unless the seller presents that consumer with a clear, 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 agreeing to the renewal offer. The seller must provide for cancellation of the subscription or 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 prominently displayed in the disclosure. The disclosure must also include, but is not limited to, information regarding the amount and frequency of subscription or membership charges and the seller's refund policy upon cancellation. In marketing, offering or selling a subscription or membership with an automatic subscription or health club membership renewal, a seller may not make any misrepresentation of a material fact associated with that renewal offer. [PL 2025, c. 376, §9 (AMD); PL 2025, c. 376, §13 (AFF).] 3. Extended automatic 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 seller 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. No more than 30 days before the renewal date for an extended automatic subscription or health club membership renewal, the seller 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 [PL 2025, c. 376, §10 (AMD); PL 2025, c. 376, §13 (AFF).] B. Where the consumer can obtain details regarding the renewal and cancellation procedure. [PL 2025, c. 376, §10 (AMD); PL 2025, c. 376, §13 (AFF).] [PL 2025, c. 376, §10 (AMD); PL 2025, c. 376, §13 (AFF).] 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. [PL 2025, c. 376, §11 (AMD); PL 2025, c. 376, §13 (AFF).]
‹ Prev All Maine sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.