| 1 | Representative Eisnaugle offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Part XII of chapter 559, Florida Statutes, |
| 6 | consisting of section 559.951, is created to read: |
| 7 | PART XII |
| 8 | MISCELLANEOUS PROVISIONS |
| 9 | 559.951 Internet sales; prohibited practices.- |
| 10 | (1) As used in this section, the term: |
| 11 | (a) "Initial merchant" means a person who obtains a |
| 12 | consumer's billing information directly from the consumer |
| 13 | through an Internet transaction initiated by the consumer. |
| 14 | (b) "Posttransaction third-party seller" means a person |
| 15 | who: |
| 16 | 1. Sells or offers for sale any good or service over the |
| 17 | Internet; and |
| 18 | 2. Solicits the purchase of such good or service over the |
| 19 | Internet through an initial merchant after the consumer has |
| 20 | initiated a transaction with the initial merchant. |
| 21 |
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| 22 | The term does not include the initial merchant, a subsidiary or |
| 23 | corporate affiliate of the initial merchant, or a successor of |
| 24 | the initial merchant. |
| 25 | (2) A posttransaction third-party seller may not charge or |
| 26 | attempt to charge a consumer's credit card, debit card, bank |
| 27 | account, or other account for any good or service sold in a |
| 28 | transaction conducted over the Internet, unless: |
| 29 | (a) Before obtaining the consumer's billing information, |
| 30 | the posttransaction third-party seller clearly and conspicuously |
| 31 | discloses to the consumer all material terms of the transaction, |
| 32 | including: |
| 33 | 1. A description of the goods or services being offered. |
| 34 | 2. A statement that the posttransaction third-party seller |
| 35 | is not affiliated with the initial merchant. Such statement must |
| 36 | include the disclosure of the posttransaction third-party |
| 37 | seller's name in a manner that clearly differentiates the |
| 38 | posttransaction third-party seller from the initial merchant. |
| 39 | 3. The cost of such goods or services. |
| 40 | 4. How and when the charges will be processed by the |
| 41 | posttransaction third-party seller. |
| 42 | (b) The posttransaction third-party seller receives the |
| 43 | express informed consent for the charge from the consumer whose |
| 44 | credit card, debit card, bank account, or other account will be |
| 45 | charged by: |
| 46 | 1. Obtaining from the consumer: |
| 47 | a. The full account number of the account to be charged or |
| 48 | other account information necessary to complete the transaction. |
| 49 | b. The consumer's name and address. |
| 50 | c. A means to contact the consumer. |
| 51 | 2. Requiring the consumer to perform an additional |
| 52 | affirmative action, such as selecting a confirmation button or |
| 53 | checking a box, which clearly and conspicuously indicates the |
| 54 | consumer's consent to be charged the amount disclosed. |
| 55 | (c) Before processing the consumer's credit card or |
| 56 | otherwise charging the consumer or soon thereafter, the |
| 57 | posttransaction third-party seller sends written notice |
| 58 | confirming the transaction to the consumer by first class United |
| 59 | States mail or e-mail. Such notice must clearly and |
| 60 | conspicuously disclose the following: |
| 61 | 1. The good or service purchased. |
| 62 | 2. The amount that the consumer will be charged. |
| 63 | 3. The timing and frequency of charges. |
| 64 | 4. A short and plain statement disclosing the |
| 65 | posttransaction third-party seller's cancellation and refund |
| 66 | policy. |
| 67 | 5. A telephone number, mailing address, Internet website |
| 68 | address, and e-mail address where the posttransaction third- |
| 69 | party seller may be contacted. |
| 70 | 6. The name of the initial merchant or fictitious name |
| 71 | under which the initial merchant is doing business, if known. |
| 72 | 7. The name of the posttransaction third-party seller or |
| 73 | fictitious name under which the posttransaction third-party |
| 74 | seller is doing business. |
| 75 | 8. A statement that the posttransaction third-party seller |
| 76 | is an unaffiliated and separate entity from the initial |
| 77 | merchant. |
| 78 | 9. A statement that the consumer is being charged by the |
| 79 | posttransaction third-party seller for a transaction that is |
| 80 | separate from the consumer's transaction with the initial |
| 81 | merchant. |
| 82 |
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| 83 | If the posttransaction third-party seller sends the notice |
| 84 | required under this paragraph by e-mail, the only words |
| 85 | appearing in the e-mail's subject line shall be "Notice that |
| 86 | (...name or fictitious name of the posttransaction third-party |
| 87 | seller...) is charging your (...type of account...) account." |
| 88 | (3) An initial merchant may not disclose a consumer's |
| 89 | credit card number, debit card number, bank account number, or |
| 90 | other account number, or disclose other consumer billing |
| 91 | information, to a posttransaction third-party seller. |
| 92 | (4) A posttransaction third-party seller may not: |
| 93 | (a) Charge a consumer without providing a simple mechanism |
| 94 | for the consumer to cancel the good or service and stop charges |
| 95 | within a reasonable time after delivery of the written notice |
| 96 | confirming the transaction; or |
| 97 | (b) Change its vendor code, or otherwise materially change |
| 98 | the way the posttransaction third-party seller is identified on |
| 99 | the consumer's account, more than once per year, unless the |
| 100 | posttransaction third-party seller provides the consumer with |
| 101 | written notice of the change. |
| 102 | (5) A violation of this section is deemed an unfair or |
| 103 | deceptive trade practice within the meaning of part II of |
| 104 | chapter 501. A person who violates this section is subject to |
| 105 | the penalties and remedies provided therein. |
| 106 | Section 2. This act shall take effect October 1, 2011. |
| 107 |
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| 108 | ----------------------------------------------------- |
| 109 | T I T L E A M E N D M E N T |
| 110 | Remove the entire title and insert: |
| 111 | A bill to be entitled |
| 112 | An act relating to consumer protection; creating part XII |
| 113 | of chapter 559, F.S.; prohibiting certain third-party |
| 114 | sellers from engaging in certain transactions over the |
| 115 | Internet with consumers engaged in transactions with |
| 116 | certain merchants except under certain circumstances; |
| 117 | requiring certain disclosures to consumers; requiring a |
| 118 | consumer's express informed consent for charges; |
| 119 | authorizing consumers to cancel goods and services and |
| 120 | avoid charges; providing that violations are unfair or |
| 121 | deceptive trade practices; providing penalties and |
| 122 | remedies for violations; providing an effective date. |