S 3386 · 111th Congress 2009–2011, ended

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.

  1. IntroducedMay 19, 2010
  2. Passed SenateNov 30, 2010
  3. Passed HouseDec 15, 2010
  4. To the PresidentDec 17, 2010
  5. Became lawDec 29, 2010Public Law 111-345

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.

SeatCosponsorSigned on
D-MNAmy KlobucharOriginalMay 19, 2010
D-FLBill NelsonOriginalMay 19, 2010
D-MOClaire McCaskillOriginalMay 19, 2010
R-FLGeorge S. LeMieuxOriginalMay 19, 2010
D-ARMark L. PryorOriginalMay 19, 2010

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateCommerce, Science, and Transportation Committee
Referred May 19, 2010Markup Jun 9, 2010Reported Aug 2, 2010
HouseEnergy and Commerce Committee
Referred Dec 1, 2010

Actions 20

Everything that happened, newest first.

  1. Dec 29, 2010Signed by President.
  2. Dec 29, 2010Became Public Law No: 111-345.
  3. Dec 17, 2010Presented to President.
  4. Dec 15, 2010Mr. Boucher moved to suspend the rules and pass the bill.
  5. Dec 15, 2010Considered under suspension of the rules. (consideration: CR H8374-8376)
  6. Dec 15, 2010DEBATE - The House proceeded with forty minutes of debate on S. 3386.
  7. Dec 15, 2010Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H8374-8375)
  8. Dec 15, 2010Motion to reconsider laid on the table Agreed to without objection.
  9. Dec 15, 2010Cleared for White House.
  10. Dec 1, 2010Received in the House.
  11. Dec 1, 2010Message on Senate action sent to the House.
  12. Dec 1, 2010Referred to the House Committee on Energy and Commerce.
  13. Nov 30, 2010Measure laid before Senate by unanimous consent. (consideration: CR S8305-8308; text of measure as reported in Senate: CR S8305-8306)
  14. Nov 30, 2010The committee substitute as amended agreed to by Unanimous Consent.
  15. Nov 30, 2010Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent. (text: CR S3807-3808)
  16. Aug 2, 2010Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. With written report No. 111-240.
  17. Aug 2, 2010Placed on Senate Legislative Calendar under General Orders. Calendar No. 500.
  18. Jun 9, 2010Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
  19. May 19, 2010Introduced in Senate
  20. May 19, 2010Read twice and referred to the Committee on Commerce, Science, and Transportation.

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E2165Zachary T. Space D-OHDec 16, 2010
HouseDebate and remarks H8374–H8376Text printed H8374Joe Barton R-TX, Lee Terry R-NE, Rick Boucher D-VADec 15, 2010
SenateDebate and remarks S8305Text printed S8307Amendments S8305, S8306John D. Rockefeller IV D-WV (amendment), Kay Bailey Hutchison R-TX (amendment), Kay R. Hagan D-NCNov 30, 2010
SenateDebate and remarks S8053John D. Rockefeller IV D-WV, Kay Bailey Hutchison R-TXNov 18, 2010

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Jul 14, 2010S. 3386, Restore Online Shoppers' Confidence Act<p>Cost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on June 9, 2010</p>
  2. Jul 14, 2010S. 3386, Restore Online Shoppers' Confidence ActCost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on June 9, 2010

CRS reports 3

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 3

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R40703Guinea: In Brief ArchivedReportAug 6, 2015
R40956Sexual Violence in African Conflicts ArchivedReportFeb 23, 2011
R41200Guinea’s New Transitional Government: Emerging Issues for U.S. Policy ArchivedReportApr 23, 2010

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 4721To make minor and technical changes in the bill as reported, and for other purposes.John D. Rockefeller IV D-WVAmendment SA 4721 agreed to in Senate by Unanimous Consent.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 5707Restore Online Shoppers' Confidence ActRelated billJul 1, 2010

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to protect consumers from certain aggressive sales tactics on the Internet.
Short Titles as Introduced
Restore Online Shoppers' Confidence Act
Short Titles as Reported to Senate
Restore Online Shoppers' Confidence Act

Subjects

Assigned by the Library of Congress. Policy area: Commerce.

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Dec 1, 2010Referred in House
  3. Nov 30, 2010Engrossed in Senate
  4. Aug 2, 2010Reported to Senate
  5. May 19, 2010Introduced in Senate

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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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.