1 | A bill to be entitled |
2 | An act relating to consumer protection; creating part XII |
3 | of chapter 559, F.S.; prohibiting certain third-party |
4 | sellers from engaging in certain transactions over the |
5 | Internet with consumers engaged in transactions with |
6 | certain merchants except under certain circumstances; |
7 | requiring certain disclosures to consumers; requiring a |
8 | consumer's express informed consent for charges; |
9 | authorizing consumers to cancel goods and services and |
10 | avoid charges; prohibiting certain merchants from |
11 | disclosing certain consumer information to certain third- |
12 | party sellers; providing mechanisms for consumers to stop |
13 | recurring charges; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Part XII of chapter 559, Florida Statutes, |
18 | consisting of section 559.951, is created to read: |
19 | PART XII |
20 | MISCELLANEOUS PROVISIONS |
21 | 559.951 Internet sales; prohibited practices.- |
22 | (1) As used in this section, the term: |
23 | (a) "Initial merchant" means a person who obtains a |
24 | consumer's billing information directly from the consumer |
25 | through an Internet transaction initiated by the consumer. |
26 | (b) "Posttransaction third-party seller" means a person |
27 | who: |
28 | 1. Sells or offers for sale any good or service over the |
29 | Internet; and |
30 | 2. Solicits the purchase of such goods or services over |
31 | the Internet from an initial merchant after the consumer has |
32 | initiated a transaction with the initial merchant. |
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34 | The term does not include the initial merchant, a subsidiary or |
35 | corporate affiliate of the initial merchant, or a successor of |
36 | the initial merchant. |
37 | (2) A posttransaction third-party seller may not charge or |
38 | attempt to charge a consumer's credit card, debit card, bank |
39 | account, or other account for any good or service sold in a |
40 | transaction conducted over the Internet, unless: |
41 | (a) Before obtaining the consumer's billing information, |
42 | the posttransaction third-party seller clearly and conspicuously |
43 | discloses to the consumer all material terms of the transaction, |
44 | including: |
45 | 1. A description of the goods or services being offered. |
46 | 2. A statement that the posttransaction third-party seller |
47 | is not affiliated with the initial merchant. Such statement must |
48 | include the disclosure of the posttransaction third-party |
49 | seller's name in a manner that clearly differentiates the |
50 | posttransaction third-party seller from the initial merchant. |
51 | 3. The cost of such goods or services. |
52 | 4. How and when the charges will be processed by the |
53 | posttransaction third-party seller. |
54 | (b) The posttransaction third-party seller receives the |
55 | express informed consent for the charge from the consumer whose |
56 | credit card, debit card, bank account, or other account will be |
57 | charged by: |
58 | 1. Obtaining from the consumer: |
59 | a. The full account number of the account to be charged or |
60 | other account information necessary to complete the transaction. |
61 | b. The consumer's name and address. |
62 | c. A means to contact the consumer. |
63 | 2. Requiring the consumer to perform an additional |
64 | affirmative action, such as selecting a confirmation button or |
65 | checking a box, which clearly and conspicuously indicates the |
66 | consumer's consent to be charged the amount disclosed. |
67 | 3. Sending to the consumer a written notice confirming the |
68 | transaction. The notice must clearly and conspicuously disclose |
69 | the following information by either first class United States |
70 | Mail or e-mail at least 20 days before charging the consumer: |
71 | a. The good or service purchased. |
72 | b. The amount that the consumer will be charged. |
73 | c. When the consumer's account will be charged. |
74 | d. Whether the charges are recurring. |
75 | e. A statement that the consumer may cancel at any time by |
76 | calling a telephone number provided in the notice or by sending |
77 | a written request to a mailing address or e-mail address |
78 | provided in the notice. |
79 | f. The name of the initial merchant and a statement that |
80 | the posttransaction third-party seller is a separate entity from |
81 | the initial merchant. |
82 | g. A statement that the consumer is being charged by the |
83 | posttransaction third-party seller for a transaction that is |
84 | separate from the consumer's transaction with the initial |
85 | merchant. |
86 | h. A mechanism for a consumer to cancel the good or |
87 | service, and stop any recurring charges, by phone, e-mail, or |
88 | United States Mail. |
89 | i. If the notice is sent by e-mail, the only words |
90 | appearing in the subject line shall be "Notice that we are |
91 | charging your (...type of account...) account." |
92 | (3) An initial merchant may not disclose a consumer's |
93 | credit card number, debit card number, bank account number, or |
94 | other account number, or disclose other consumer billing |
95 | information, to a posttransaction third-party seller. |
96 | (4) A posttransaction third-party seller may not charge a |
97 | consumer unless it provides a mechanism for the consumer to stop |
98 | recurring charges by telephone, e-mail, or United States Mail. |
99 | Section 2. This act shall take effect July 1, 2011. |