S. 3386 (111th): Restore Online Shoppers’ Confidence Act

Introduced:
May 19, 2010 (111th Congress, 2009–2010)
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 111-345.
Sponsor
John “Jay” Rockefeller IV
Senior Senator from West Virginia
Party
Democrat
Text
Read Text »
Last Updated
Dec 17, 2010
Length
4 pages
Related Bills
H.R. 5707 (Related)
Restore Online Shoppers’ Confidence Act

Referred to Committee
Last Action: Jul 01, 2010

 
Status

This bill was enacted after being signed by the President on December 29, 2010.

Progress
Introduced May 19, 2010
Referred to Committee May 19, 2010
Reported by Committee Jun 09, 2010
Passed Senate Nov 30, 2010
Passed House Dec 15, 2010
Signed by the President Dec 29, 2010
 
Full Title

A bill to protect consumers from certain aggressive sales tactics on the Internet.

Summary

No summaries available.

Cosponsors
5 cosponsors (4D, 1R) (show)
Committees

House Energy and Commerce

Senate Commerce, Science, and Transportation

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

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Citation

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Notes

S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


12/29/2010--Public Law.
Restore Online Shoppers' Confidence Act - Defines "post-transaction third party seller" 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 "negative option feature" 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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

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