Restore Online Shoppers' Confidence Act

Bill: 111-s-3386
Sponsor: Sen. Rockefeller, John D., IV [D-WV]
Introduced: 2010-05-19 in the Senate
Policy area: Commerce
Subjects: Administrative law and regulatory procedures
Bank accounts, deposits, capital
Civil actions and liability
Consumer affairs
Consumer credit
Federal Trade Commission (FTC)
Internet and video services
Internet, web applications, social media
Retail and wholesale trades

Summary:
action_date: 2010-05-19
text: 
Restore Online Shoppers' Confidence Act - Defines &quot;post-transaction third party seller&quot; as a person that: (1) sells, or offers for sale, any good or service on the Internet; (2) solicits purchases on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (3) is not a subsidiary or corporate affiliate of the initial merchant.
 
Makes it unlawful for any post-transaction third party seller to charge or attempt to charge any such financial account in an Internet-based transaction, unless: (1) before obtaining the purchaser's billing information, the seller has disclosed all material terms, including the fact that the such seller is not affiliated with the initial merchant; and (2) the seller has received the express informed consent.
 
Makes it unlawful for an initial merchant to disclose such financial account number or other billing information to any such seller (sometimes referred to as a data-pass).
 
Makes it unlawful, subject to exception, for any person to charge or attempt to charge a consumer for goods or services sold in an Internet-based transaction through a negative option feature. Defines &quot;negative option feature&quot; as a provision under which the customer's failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer.
 
Prohibits construing this Act to supersede or otherwise affect the Electronic Funds Transfer Act or any regulation thereunder.
 
Treats a violation of this Act or any regulation thereunder as an unfair or deceptive act or practice. Requires the Federal Trade Commission (FTC) to enforce this Act.
 
Authorizes state attorneys general to bring an action for injunctive relief on behalf of the state's residents.

action_date: 2010-08-02
text: 
Restore Online Shoppers' Confidence Act - Defines &quot;post-transaction third party seller&quot; as a person that: (1) sells, or offers for sale, any good or service on the Internet; (2) solicits purchases on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (3) is not a subsidiary or corporate affiliate of the initial merchant.
 
Makes it unlawful for any post-transaction third party seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other such financial account in an Internet-based transaction, unless: (1) before obtaining the purchaser's billing information, the seller has disclosed all material terms, including the fact that the such seller is not affiliated with the initial merchant, and a description and the cost of the offered goods or services; and (2) the seller has received the express informed consent.
 
Makes it unlawful for an initial merchant to disclose such financial account number or other billing information to any post-transaction third party Internet seller (sometimes referred to as a data-pass).
 
Makes it unlawful, subject to exception, for any person to charge or attempt to charge a consumer for goods or services sold in an Internet-based transaction through a negative option feature. Defines &quot;negative option feature&quot; as a provision under which the customer's failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer.
 
Prohibits construing this Act to supersede or otherwise affect the Electronic Funds Transfer Act or any regulation thereunder.
 
Treats a violation of this Act or any regulation thereunder as an unfair or deceptive act or practice. Requires the Federal Trade Commission (FTC) to enforce this Act.
 
Authorizes the attorney general of a state to bring an action for injunctive relief in federal court on behalf of the state's residents.

action_date: 2010-12-29
text: 
Restore Online Shoppers' Confidence Act - Defines &quot;post-transaction third party seller&quot; as a person that: (1) sells, or offers for sale, any good or service on the Internet; (2) solicits purchases on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (3) is not the initial merchant, a subsidiary or corporate affiliate of the initial merchant, or a successor to the initial merchant or subsidiary.
 
Makes it unlawful for any post-transaction third party seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other such financial account in an Internet-based transaction, unless: (1) before obtaining the consumer's billing information, the seller has disclosed all material terms, including the fact that the such seller is not affiliated with the initial merchant, and a description and the cost of the offered goods or services; and (2) the seller has received the express informed consent from the consumer for the charge.
 
Makes it unlawful for an initial merchant to disclose such financial account number or other billing information to any post-transaction third party Internet seller (sometimes referred to as a data-pass).
 
Makes it unlawful for any person to charge or attempt to charge a consumer for goods or services sold in an Internet-based transaction through a negative option feature unless the person: (1) provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer's billing information; (2) obtains a consumer's express informed consent before charging the consumer's financial account for products or services through such transaction; and (3) provides simple mechanisms for a consumer to stop recurring charges from being placed on the consumer's financial account. Defines &quot;negative option feature&quot; to mean, in an offer or agreement to sell or provide any goods or services, a provision under which the customer's silence or failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer.
 
Treats a violation of this Act or any regulation thereunder as an unfair or deceptive act or practice. Requires the Federal Trade Commission (FTC) to enforce this Act.
 
Authorizes the attorney general of a state to bring an action for injunctive relief in federal court on behalf of the state's residents.


Legislative actions:
action_date: 2010-12-29
text: Became Public Law No: 111-345.
action_date: 2010-12-29
text: Became Public Law No: 111-345.
action_date: 2010-12-29
text: Signed by President.
action_date: 2010-12-29
text: Signed by President.
action_date: 2010-12-17
text: Presented to President.
action_date: 2010-12-17
text: Presented to President.
action_date: 2010-12-15
text: Cleared for White House.
action_date: 2010-12-15
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-12-15
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H8374-8375)
action_date: 2010-12-15
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H8374-8375)
action_date: 2010-12-15
text: DEBATE - The House proceeded with forty minutes of debate on S. 3386.
action_date: 2010-12-15
text: Considered under suspension of the rules. (consideration: CR H8374-8376)
action_date: 2010-12-15
text: Mr. Boucher moved to suspend the rules and pass the bill.
action_date: 2010-12-01
text: Referred to the House Committee on Energy and Commerce.
action_date: 2010-12-01
text: Message on Senate action sent to the House.
action_date: 2010-12-01
text: Received in the House.
action_date: 2010-11-30
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S3807-3808)
action_date: 2010-11-30
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S3807-3808)
action_date: 2010-11-30
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2010-11-30
text: Measure laid before Senate by unanimous consent. (consideration: CR S8305-8308; text of measure as reported in Senate: CR S8305-8306)
action_date: 2010-08-02
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 500.
action_date: 2010-08-02
text: Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. With written report No. 111-240.
action_date: 2010-08-02
text: Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. With written report No. 111-240.
action_date: 2010-06-09
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2010-05-19
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2010-05-19
text: Introduced in Senate

Enacted as: number: 111-345