Title 15 — Commerce and Trade
Chapter 110 — Online Shopper Protection
§ 8403. Negative option marketing on the Internet
Statutory text
It shall be unlawful for any person to charge or attempt to charge any consumer for any goods or services sold in a transaction effected on the Internet through a negative option feature (as defined in the Federal Trade Commission’s Telemarketing Sales Rule in part 310 of title 16, Code of Federal Regulations), unless the person—
provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer’s billing information;
obtains a consumer’s express informed consent before charging the consumer’s credit card, debit card, bank account, or other financial account for products or services through such transaction; and
provides simple mechanisms for a consumer to stop recurring charges from being placed on the consumer’s credit card, debit card, bank account, or other financial account.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Restore Online Shoppers’ Confidence Act
Pub. L. 111–345 § 4 · 124 Stat. 3618
Enacted · 15 U.S.C. § 8403
(Pub. L. 111–345, § 4, Dec. 29, 2010, 124 Stat. 3620.)
Source evidence
Code source credit
(Pub. L. 111–345, § 4, Dec. 29, 2010, 124 Stat. 3620.)Enacted provision · exact public law section
SEC. 4. NEGATIVE OPTION MARKETING ON THE INTERNET. It shall be unlawful for any person to charge or attempt to charge any consumer for any goods or services sold in a transaction effected on the Internet through a negative option feature (as defined in the Federal Trade Commission’s Telemarketing Sales Rule in part 310 of title 16, Code of Federal Regulations), 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 credit card, debit card, bank account, or other 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 credit card, debit card, bank account, or other financial account.
1 of 1 references resolved to an enrolled provision