HB 1303

1
A bill to be entitled
2An act relating to consumer protection; creating part XII
3of chapter 559, F.S.; prohibiting certain third-party
4sellers from engaging in certain transactions over the
5Internet with consumers engaged in transactions with
6certain merchants except under certain circumstances;
7requiring certain disclosures to consumers; requiring a
8consumer's express informed consent for charges;
9authorizing consumers to cancel goods and services and
10avoid charges; prohibiting certain merchants from
11disclosing certain consumer information to certain third-
12party sellers; providing mechanisms for consumers to stop
13recurring charges; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Part XII of chapter 559, Florida Statutes,
18consisting of section 559.951, is created to read:
19
PART XII
20
MISCELLANEOUS PROVISIONS
21     559.951  Internet sales; prohibited practices.-
22     (1)  As used in this section, the term:
23     (a)  "Initial merchant" means a person who obtains a
24consumer's billing information directly from the consumer
25through an Internet transaction initiated by the consumer.
26     (b)  "Posttransaction third-party seller" means a person
27who:
28     1.  Sells or offers for sale any good or service over the
29Internet; and
30     2.  Solicits the purchase of such goods or services over
31the Internet from an initial merchant after the consumer has
32initiated a transaction with the initial merchant.
33
34The term does not include the initial merchant, a subsidiary or
35corporate affiliate of the initial merchant, or a successor of
36the initial merchant.
37     (2)  A posttransaction third-party seller may not charge or
38attempt to charge a consumer's credit card, debit card, bank
39account, or other account for any good or service sold in a
40transaction conducted over the Internet, unless:
41     (a)  Before obtaining the consumer's billing information,
42the posttransaction third-party seller clearly and conspicuously
43discloses to the consumer all material terms of the transaction,
44including:
45     1.  A description of the goods or services being offered.
46     2.  A statement that the posttransaction third-party seller
47is not affiliated with the initial merchant. Such statement must
48include the disclosure of the posttransaction third-party
49seller's name in a manner that clearly differentiates the
50posttransaction third-party seller from the initial merchant.
51     3.  The cost of such goods or services.
52     4.  How and when the charges will be processed by the
53posttransaction third-party seller.
54     (b)  The posttransaction third-party seller receives the
55express informed consent for the charge from the consumer whose
56credit card, debit card, bank account, or other account will be
57charged by:
58     1.  Obtaining from the consumer:
59     a.  The full account number of the account to be charged or
60other account information necessary to complete the transaction.
61     b.  The consumer's name and address.
62     c.  A means to contact the consumer.
63     2.  Requiring the consumer to perform an additional
64affirmative action, such as selecting a confirmation button or
65checking a box, which clearly and conspicuously indicates the
66consumer's consent to be charged the amount disclosed.
67     3.  Sending to the consumer a written notice confirming the
68transaction. The notice must clearly and conspicuously disclose
69the following information by either first class United States
70Mail or e-mail at least 20 days before charging the consumer:
71     a.  The good or service purchased.
72     b.  The amount that the consumer will be charged.
73     c.  When the consumer's account will be charged.
74     d.  Whether the charges are recurring.
75     e.  A statement that the consumer may cancel at any time by
76calling a telephone number provided in the notice or by sending
77a written request to a mailing address or e-mail address
78provided in the notice.
79     f.  The name of the initial merchant and a statement that
80the posttransaction third-party seller is a separate entity from
81the initial merchant.
82     g.  A statement that the consumer is being charged by the
83posttransaction third-party seller for a transaction that is
84separate from the consumer's transaction with the initial
85merchant.
86     h.  A mechanism for a consumer to cancel the good or
87service, and stop any recurring charges, by phone, e-mail, or
88United States Mail.
89     i.  If the notice is sent by e-mail, the only words
90appearing in the subject line shall be "Notice that we are
91charging your (...type of account...) account."
92     (3)  An initial merchant may not disclose a consumer's
93credit card number, debit card number, bank account number, or
94other account number, or disclose other consumer billing
95information, to a posttransaction third-party seller.
96     (4)  A posttransaction third-party seller may not charge a
97consumer unless it provides a mechanism for the consumer to stop
98recurring charges by telephone, e-mail, or United States Mail.
99     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.