(2) the seller has obtained the express informed 
consent described in subsection (a)(2) from the con-
sumer before charging or attempting to charge the 
consumer’s credit card, debit card, bank account, or 
other financial account on a recurring basis; and 
(3) the seller enables the consumer to stop re-
curring charges from being made to the consumer’s 
credit card, debit card, bank account, or other finan-
cial account through a simple process that is avail-
able via the Internet and email. 
(d) APPLICATION WITH OTHER LAW.—Nothing in 
this Act shall be construed to supersede, modify, or other-
wise affect the requirements of the Electronic Fund 
Transfer Act (15 U.S.C. 1693 et seq.) or any regulation 
promulgated thereunder. 
(e) DEFINITIONS.—In this section: 
(1) INITIAL
MERCHANT.—The term ‘‘initial 
merchant’’ means a person that has obtained a con-
sumer’s billing information directly from the con-
sumer through an Internet transaction initiated by 
the consumer. 
(2) NEGATIVE
OPTION
FEATURE.—The term 
‘‘negative option feature’’ has the meaning given 
that term in section 310.2(t) of the Federal Trade 
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Commission’s Telemarketing Sales Rule regulations 
(16 C.F.R. 310.2(t)). 
(3) POST-TRANSACTION
THIRD
PARTY
SELL-
ER.—The term ‘‘post-transaction third party seller’’ 
means a person that— 
(A) sells, or offers for sale, any good or 
service on the Internet; 
(B) solicits the purchase of such goods or 
services on the Internet through an initial mer-
chant after the consumer has initiated a trans-
action with the initial merchant; and 
(C) is not a subsidiary or corporate affil-
iate of the initial merchant. 
SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 
(a) IN GENERAL.—Violation of this Act or any regu-
lation prescribed under this Act shall be treated as a viola-
tion of a rule under section 18 of the Federal Trade Com-
mission Act (15 U.S.C. 57a) regarding unfair or deceptive 
acts or practices. The Federal Trade Commission shall en-
force this Act in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this Act. 
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(b) REGULATIONS.—Notwithstanding any other pro-
vision of law, the Commission may promulgate such regu-
lations as it finds necessary or appropriate to carry out 
this Act under section 553 of title 5, United States Code. 
(c) PENALTIES.—Any person who violates this Act or 
any regulation prescribed under this Act shall be subject 
to the penalties and entitled to the privileges and immuni-
ties provided in the Federal Trade Commission Act as 
though all applicable terms and provisions of the Federal 
Trade Commission Act were incorporated in and made 
part of this Act. 
(d) AUTHORITY PRESERVED.—Nothing in this sec-
tion shall be construed to limit the authority of the Com-
mission under any other provision of law. 
SEC. 5. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 
(a) RIGHT OF ACTION.—Except as provided in sub-
section (e), the attorney general of a State, or other au-
thorized State officer, alleging a violation of this Act or 
any regulation issued under this Act that affects or may 
affect such State or its residents may bring an action, as 
parens patriae, on behalf of the residents of the State in 
any United States district court for the district in which 
the defendant is found, resides, or transacts business, or 
wherever venue is proper under section 1391 of title 28, 
United States Code, to enjoin further violation, to compel 
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compliance with this Act and any regulation issued under 
this Act, to obtain damages, restitution, or other com-
pensation on behalf of residents of such State, or to obtain 
such further and other relief as the court may deem appro-
priate. 
(b) NOTICE TO COMMISSION REQUIRED.—A State 
shall provide prior written notice to the Federal Trade 
Commission of any civil action under subsection (a) to-
gether with a copy of its complaint, except that if it is 
not feasible for the State to provide such prior notice, the 
State shall provide such notice immediately upon insti-
tuting such action. 
(c) INTERVENTION BY THE COMMISSION.—The Com-
mission may intervene in such civil action and upon inter-
vening may— 
(1) be heard on all matters arising in such civil 
action; and 
(2) file petitions for appeal of a decision in such 
civil action. 
(d) CONSTRUCTION.—Nothing in this section shall be 
construed— 
(1) to prevent the attorney general of a State, 
or other authorized State officer, from exercising the 
powers conferred on the attorney general, or other 
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authorized State officer, by the laws of such State; 
or 
(2) to prohibit the attorney general of a State, 
or other authorized State officer, from proceeding in 
State or Federal court on the basis of an alleged vio-
lation of any civil or criminal statute of that State. 
(e) LIMITATION.—Whenever a civil action has been 
instituted by or on behalf of the Federal Trade Commis-
sion for violation of this Act or any regulation prescribed 
under this Act, no State may, during the pendency of such 
action instituted by or on behalf of the Commission, insti-
tute a civil action under subsection (a) of this section 
against any defendant named in the complaint in such ac-
tion for violation of this Act or any regulation prescribed 
under this Act as alleged in such complaint. 
Æ 
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