S.3386 - Restore Online Shoppers' Confidence Act111th Congress (2009-2010)
|Sponsor:||Sen. Rockefeller, John D., IV [D-WV] (Introduced 05/19/2010)|
|Committees:||Senate - Commerce, Science, and Transportation | House - Energy and Commerce|
|Committee Reports:||S. Rept. 111-240|
|Latest Action:||12/29/2010 Became Public Law No: 111-345. (TXT | PDF) (All Actions)|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed Senate
- Passed House
- To President
- Became Law
Summary: S.3386 — 111th Congress (2009-2010)All Bill Information (Except Text)
Reported to Senate amended (08/02/2010)
Restore Online Shoppers' Confidence Act - Defines "post-transaction third party seller" as a person that: (1) sells, or offers for sale, any good or service on the Internet; (2) solicits purchases on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (3) is not a subsidiary or corporate affiliate of the initial merchant.
Makes it unlawful for any post-transaction third party seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other such financial account in an Internet-based transaction, unless: (1) before obtaining the purchaser's billing information, the seller has disclosed all material terms, including the fact that the such seller is not affiliated with the initial merchant, and a description and the cost of the offered goods or services; and (2) the seller has received the express informed consent.
Makes it unlawful for an initial merchant to disclose such financial account number or other billing information to any post-transaction third party Internet seller (sometimes referred to as a data-pass).
Makes it unlawful, subject to exception, for any person to charge or attempt to charge a consumer for goods or services sold in an Internet-based transaction through a negative option feature. Defines "negative option feature" as a provision under which the customer's failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer.
Prohibits construing this Act to supersede or otherwise affect the Electronic Funds Transfer Act or any regulation thereunder.
Treats a violation of this Act or any regulation thereunder as an unfair or deceptive act or practice. Requires the Federal Trade Commission (FTC) to enforce this Act.
Authorizes the attorney general of a state to bring an action for injunctive relief in federal court on behalf of the state's residents.