CS for SB 1884                                   First Engrossed
       
       
       
       
       
       
       
       
       20111884e1
       
    1                        A bill to be entitled                      
    2         An act relating to consumer protection; creating part
    3         XII of chapter 559, F.S.; prohibiting certain third
    4         party sellers from engaging in certain transactions
    5         over the Internet with consumers engaged in
    6         transactions with certain merchants except under
    7         certain circumstances; requiring certain disclosures
    8         to consumers; requiring a consumer’s express informed
    9         consent for charges; authorizing consumers to cancel
   10         goods and services and avoid charges; providing that
   11         violations are unfair or deceptive trade practices;
   12         providing penalties and remedies for violations;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   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 good or service over the
   31  Internet through an initial merchant after the consumer has
   32  initiated a transaction with the initial merchant.
   33  
   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         (c) Before processing the consumer’s credit card or
   68  otherwise charging the consumer or soon thereafter, the
   69  posttransaction third-party seller sends written notice
   70  confirming the transaction to the consumer by first class United
   71  States mail or e-mail. Such notice must clearly and
   72  conspicuously disclose the following:
   73         1. The good or service purchased.
   74         2. The amount that the consumer will be charged.
   75         3. The timing and frequency of charges.
   76         4. A short and plain statement disclosing the
   77  posttransaction third-party seller’s cancellation and refund
   78  policy.
   79         5. A telephone number, mailing address, Internet website
   80  address, and e-mail address where the posttransaction third
   81  party seller may be contacted.
   82         6. The name of the initial merchant or fictitious name
   83  under which the initial merchant is doing business, if known.
   84         7. The name of the posttransaction third-party seller or
   85  fictitious name under which the posttransaction third-party
   86  seller is doing business.
   87         8. A statement that the posttransaction third-party seller
   88  is an unaffiliated and separate entity from the initial
   89  merchant.
   90         9. A statement that the consumer is being charged by the
   91  posttransaction third-party seller for a transaction that is
   92  separate from the consumer’s transaction with the initial
   93  merchant.
   94  
   95  If the posttransaction third-party seller sends the notice
   96  required under this paragraph by e-mail, the only words
   97  appearing in the e-mail’s subject line shall be “Notice that
   98  (...name or fictitious name of the posttransaction third-party
   99  seller...) is charging your (...type of account...) account.”
  100         (3) An initial merchant may not disclose a consumer’s
  101  credit card number, debit card number, bank account number, or
  102  other account number, or disclose other consumer billing
  103  information, to a posttransaction third-party seller.
  104         (4) A posttransaction 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 charges
  107  within a reasonable time after delivery of the written notice
  108  confirming the transaction; or
  109         (b) Change its vendor code, or otherwise materially change
  110  the way the posttransaction third-party seller is identified on
  111  the consumer’s account, more than once per year, unless the
  112  posttransaction third-party seller provides the consumer with
  113  written notice of the change.
  114         (5) A violation of this section is deemed an unfair or
  115  deceptive trade practice within the meaning of part II of
  116  chapter 501. A person who violates this section is subject to
  117  the penalties and remedies provided therein.
  118         Section 2. This act shall take effect October 1, 2011.