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