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.