The House bill does not permit the states the flexibility they need to protect their citizens in this way. Unlike the Senate bill, the House bill does not expressly require contracts to be in a form to be retained by the parties and used to prove the terms of the agreement. This omission is detrimental to the interests of consumers. Additionally, the House bill should more clearly require affirmative consent by a consumer to electronic notification by requiring that the consumer receive a separate disclosure or sign or initial a line on the contract or disclosure form indicating consent. We appreciate this opportunity to share our views regarding this important issue.
Web commerce holds great promise.
However, consumer fraud committed via the Internet is a growing problem. If consumers come to distrust making purchases over the Internet due to a fear of being defrauded, this will have a devastating impact on the growth of Web commerce. If consumers trust the medium, its potential can be reached. As with commerce via other means of communication, legitimate Web commerce will benefit from strong consumer protection enforcement. We look forward to working with you in developing a bill that will foster the growth of electronic commerce and, at the same time, preserve the essential role of the states in protecting consumers through state disclosure and record retention requirements and other public protection laws.