15 U.S.C. § 8403 — Negative option marketing on the Internet
submitted 16 years ago by Pub. L. 111-345 to r/title-15-COMMERCE-AND-TRADE · 132 words · no verdicts yet
This section requires violations of this chapter or its regulations to be treated as violations of an FTC unfair-or-deceptive-practices rule.
A violation is treated as a violation of a rule under FTC Act section 18. The FTC enforces this chapter with the same methods, jurisdiction, powers, and duties as if the applicable FTC Act provisions were part of this chapter.
It shall be unlawful for any person to charge or attempt to charge any consumer for any goods or services sold in a transaction effected on the Internet through a negative option feature (as defined in the Federal Trade Commission’s Telemarketing Sales Rule in part 310 of title 16, Code of Federal Regulations), unless the person—
provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer’s billing information;
obtains a consumer’s express informed consent before charging the consumer’s credit card, debit card, bank account, or other financial account for products or services through such transaction; and
provides simple mechanisms for a consumer to stop recurring charges from being placed on the consumer’s credit card, debit card, bank account, or other financial account.
Source credit: (Pub. L. 111–345, § 4, Dec. 29, 2010, 124 Stat. 3620.)
- 2010Enacted · Pub. L. 111-345 · 124 Stat. 3620
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-345 on 2010-12-29.
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