Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1884
       
       
       
       
       
       
                                Barcode 143864                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2011           .                                
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       The Committee on Commerce and Tourism (Gaetz) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 71 - 108
    4  and insert:
    5         3. Sending a written notice to the consumer confirming a
    6  transaction by first-class United States mail or e-mail before
    7  processing the consumer’s credit card, or otherwise charging the
    8  consumer, or shortly thereafter. Such notice must clearly and
    9  conspicuously disclose the following:
   10         a. The good or service purchased.
   11         b. The amount that the consumer will be charged.
   12         c. The timing and frequency of charges.
   13         d. A short and plain statement disclosing the post
   14  transaction third-party seller’s cancellation and refund policy.
   15         e. A telephone number, mailing address, Internet address,
   16  and e-mail address where the post-transaction third-party seller
   17  can be contacted.
   18         f. The name or brand name of the initial merchant, if
   19  known.
   20         g. The name or brand name of the post-transaction third
   21  party seller.
   22         h. That the post-transaction third-party seller is an
   23  unaffiliated and separate entity from the initial merchant.
   24         i. That the consumer is being charged by the post
   25  transaction third-party seller for a transaction that is
   26  separate from the consumer’s transaction with the initial
   27  merchant.
   28         4. If the notice described in subparagraph 3. is sent by e
   29  mail, the only words appearing in the subject line shall be
   30  “Notice that ...(name or brand name of post-transaction third
   31  party seller... is charging your ...(type of account)....”
   32         (3) PROHIBITION ON DISCLOSING DATA.—An initial merchant may
   33  not disclose a consumer’s credit card number, debit card number,
   34  bank account number, or other account number, or disclose other
   35  consumer billing information, to a post-transaction third-party
   36  seller.
   37         (4) MECHANISM TO STOP RECURRING CHARGES REQUIRED.—A post
   38  transaction third-party seller may not:
   39         (a) Charge a consumer without providing a simple mechanism
   40  for the consumer to cancel the good or service, and stop
   41  charges, within a reasonable time after delivery of the written
   42  notice confirming the transaction; or
   43         (b) Change its vendor code, or otherwise materially change
   44  the way the post-transaction third-party seller is identified on
   45  the consumer’s account, more than once per year, unless the
   46  post-transaction third-party seller provides the consumer with
   47  written notice of the change.