Restore Online Shoppers' Confidence Act
Latest action · Dec 29, 2010 Became Public Law No: 111-345.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMay 19, 2010
- Passed SenateNov 30, 2010
- Passed HouseDec 15, 2010
- To the PresidentDec 17, 2010
- Became lawDec 29, 2010
Summary
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.
Cosponsors 5
Members who signed on, in the order they did. All signed on May 19, 2010.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MN | Amy Klobuchar | Original | May 19, 2010 |
| D-FL | Bill Nelson | Original | May 19, 2010 |
| D-MO | Claire McCaskill | Original | May 19, 2010 |
| R-FL | George S. LeMieux | Original | May 19, 2010 |
| D-AR | Mark L. Pryor | Original | May 19, 2010 |
Actions 22
Everything that happened, newest first.
- Dec 29, 2010Became Public Law No: 111-345.
- Dec 29, 2010Signed by President.
- Dec 17, 2010Presented to President.
- Dec 15, 2010Cleared for White House.
- Dec 15, 2010Considered under suspension of the rules. (consideration: CR H8374-8376)
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 5707 | Restore Online Shoppers' Confidence Act | Related bill | Jul 1, 2010 |
Subjects
Assigned by the Library of Congress. Policy area: Commerce.
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.