Florida Senate - 2011 CS for SB 1884 By the Committee on Commerce and Tourism; and Senator Gaetz 577-04378-11 20111884c1 1 A bill to be entitled 2 An act relating to consumer protection; providing 3 definitions; prohibiting a post-transaction third 4 party seller from charging a consumer for a good or 5 service sold over the Internet unless certain 6 disclosures are made and the seller receives the 7 informed consent of the consumer; requiring a post 8 transaction third-party seller to provide a simple 9 mechanism for a consumer to cancel a purchase of a 10 good or service and stop any recurring charges; 11 prohibiting an initial merchant from disclosing 12 certain account numbers of a consumer to a post 13 transaction third-party seller under certain 14 circumstances; providing that a person who violates 15 the act commits an unfair and deceptive trade practice 16 under the Florida Deceptive and Unfair Trade Practices 17 Act; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Prohibition against certain unfair and deceptive 22 Internet sales practices.— 23 (1) DEFINITIONS.—As used in this section, the term: 24 (a) “Initial merchant” means a person who has obtained a 25 consumer’s billing information directly from the consumer 26 through an Internet transaction initiated by the consumer. 27 (b) “Post-transaction third-party seller” means a person 28 who: 29 1. Sells, or offers for sale, any good or service on the 30 Internet; and 31 2. Solicits the purchase of such good or service over the 32 Internet through an initial merchant after the consumer has 33 initiated a transaction with the initial merchant. 34 35 The term does not include the initial merchant, a subsidiary or 36 corporate affiliate of the initial merchant, or a successor of 37 the initial merchant. 38 (2) REQUIREMENTS FOR CERTAIN INTERNET-BASED SALES.—A post 39 transaction third-party seller may not charge or attempt to 40 charge any consumer’s credit card, debit card, bank account, or 41 other account for any good or service sold in a transaction 42 effected on the Internet, unless: 43 (a) Before obtaining the consumer’s billing information, 44 the post-transaction third-party seller has clearly and 45 conspicuously disclosed to the consumer all material terms of 46 the transaction, including: 47 1. A description of the good or service being offered; 48 2. The fact that the post-transaction third-party seller is 49 not affiliated with the initial merchant, which must include 50 disclosure of the name of the post-transaction third-party 51 seller in a manner that clearly differentiates the post 52 transaction third-party seller from the initial merchant; 53 3. The cost of the good or service; and 54 4. How and when charges will be imposed by the post 55 transaction third-party seller; and 56 (b) The post-transaction third-party seller has received 57 the express informed consent for the charges from the consumer 58 whose credit card, debit card, bank account, or other account 59 will be charged by: 60 1. Obtaining from the consumer: 61 a. The full account number of the account to be charged, or 62 other account information necessary to complete the transaction; 63 and 64 b. The consumer’s name and address and a means to contact 65 the consumer; 66 2. Requiring the consumer to perform an additional 67 affirmative action, such as clicking on a confirmation button or 68 checking a box that clearly and conspicuously indicates the 69 consumer’s consent to be charged the amount disclosed; and 70 3. Sending a written notice to the consumer confirming a 71 transaction by first-class United States mail or e-mail before 72 processing the consumer’s credit card, or otherwise charging the 73 consumer, or shortly thereafter. Such notice must clearly and 74 conspicuously disclose the following: 75 a. The good or service purchased. 76 b. The amount that the consumer will be charged. 77 c. The timing and frequency of charges. 78 d. A short and plain statement disclosing the post 79 transaction third-party seller’s cancellation and refund policy. 80 e. A telephone number, mailing address, Internet address, 81 and e-mail address where the post-transaction third-party seller 82 can be contacted. 83 f. The name or brand name of the initial merchant, if 84 known. 85 g. The name or brand name of the post-transaction third 86 party seller. 87 h. That the post-transaction third-party seller is an 88 unaffiliated and separate entity from the initial merchant. 89 i. That the consumer is being charged by the post 90 transaction third-party seller for a transaction that is 91 separate from the consumer’s transaction with the initial 92 merchant. 93 94 If the notice described in subparagraph 3. is sent by e-mail, 95 the only words appearing in the subject line shall be “Notice 96 that ...(name or brand name of post-transaction third-party 97 seller... is charging your ...(type of account)....” 98 (3) PROHIBITION ON DISCLOSING DATA.—An initial merchant may 99 not disclose a consumer’s credit card number, debit card number, 100 bank account number, or other account number, or disclose other 101 consumer billing information, to a post-transaction third-party 102 seller. 103 (4) MECHANISM TO STOP RECURRING CHARGES REQUIRED.—A post 104 transaction third-party seller may not: 105 (a) Charge a consumer without providing a simple mechanism 106 for the consumer to cancel the good or service, and stop 107 charges, within a reasonable time after delivery of the written 108 notice confirming the transaction; or 109 (b) Change its vendor code, or otherwise materially change 110 the way the post-transaction third-party seller is identified on 111 the consumer’s account, more than once per year, unless the 112 post-transaction third-party seller provides the consumer with 113 written notice of the change. 114 (5) UNFAIR TRADE PRACTICES.—A person who violates this 115 section commits an unfair and deceptive trade practice under 116 part II of chapter 501, Florida Statutes, and is subject to any 117 remedies or penalties available for a violation of that part. 118 Section 2. This act shall take effect July 1, 2011.