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15 U.S.C. § 8402 — Prohibitions against certain unfair and deceptive Internet sales practices
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements for certain Internet-based sales** It shall be 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 financial account for any good or service sold in a transaction effected on the Internet, unless—
(1) before obtaining the consumer’s billing information, the post-transaction third party seller has clearly and conspicuously disclosed to the consumer all material terms of the transaction, including—
(A) a description of the goods or services being offered;
(B) the fact that the post-transaction third party seller is not affiliated with the initial merchant, which may include disclosure of the name of the post-transaction third party in a manner that clearly differentiates the post-transaction third party seller from the initial merchant; and
(C) the cost of such goods or services; and
(2) the post-transaction third party seller has received the express informed consent for the charge from the consumer whose credit card, debit card, bank account, or other financial account will be charged by—
(A) obtaining from the consumer—
(i) the full account number of the account to be charged; and
(ii) the consumer’s name and address and a means to contact the consumer; and
(B) requiring the consumer to perform an additional affirmative action, such as clicking on a confirmation button or checking a box that indicates the consumer’s consent to be charged the amount disclosed.
**(b) Prohibition on data-pass used to facilitate certain deceptive Internet sales transactions** It shall be unlawful for an initial merchant to disclose a credit card, debit card, bank account, or other financial account number, or to disclose other billing information tha
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Source file: Laws/federal/codes/united-states-code/title-15/section-8402-prohibitions-against-certain-unfair-and-deceptive-internet-sales-practic--26b7e28d6e.md
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Source location: Title 15, Chapter 110, § 8402; chapter-110-online-shopper-protection.md
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**(a) Requirements for certain Internet-based sales** It shall be 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 financial account for any good or service sold in a transaction effected on the Internet, unless—
(1) before obtaining the consumer’s billing information, the post-transaction third party seller has clearly and conspicuously disclosed to the consumer all material terms of the transaction, including—
(A) a description of the goods or services being offered;
(B) the fact that the post-transaction third party seller is not affiliated with the initial merchant, which may include disclosure of the name of the post-transaction third party in a manner that clearly differentiates the post-transaction third party seller from the initial merchant; and
(C) the cost of such goods or services; and
(2) the post-transaction third party seller has received the express informed consent for the charge from the consumer whose credit card, debit card, bank account, or other financial account will be charged by—
(A) obtaining from the consumer—
(i) the full account number of the account to be charged; and
(ii) the consumer’s name and address and a means to contact the consumer; and
(B) requiring the consumer to perform an additional affirmative action, such as clicking on a confirmation button or checking a box that indicates the consumer’s consent to be charged the amount disclosed.
**(b) Prohibition on data-pass used to facilitate certain deceptive Internet sales transactions** It shall be unlawful for an initial merchant to disclose a credit card, debit card, bank account, or other financial account number, or to disclose other billing information that is used to charge a customer of the initial merchant, to any post-transaction third party seller for use in an Internet-based sale of any goods or services from that post-transaction third party seller.
**(c) Application with other law** Nothing in this chapter shall be construed to supersede, modify, or otherwise affect the requirements of the Electronic Funds 11 So in original. Probably should be “Fund”. Transfer Act ([15 U.S.C. 1693](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693&num=0&edition=prelim) et seq.) or any regulation promulgated thereunder.
**(d) Definitions** In this section:
(1) **Initial merchant** — The term “initial merchant” means a person that has obtained a consumer’s billing information directly from the consumer through an Internet transaction initiated by the consumer.
(2) **Post-transaction third party seller** — The term “post-transaction third party seller” means a person that—
(A) sells, or offers for sale, any good or service on the Internet;
(B) solicits the purchase of such goods or services on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and
(C) is not—
(i) the initial merchant;
(ii) a subsidiary or corporate affiliate of the initial merchant; or
(iii) a successor of an entity described in clause (i) or (ii).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Informed use of credit** The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.
**(b) Terms of personal property leases** The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rights and liabilities undefined** The Congress finds that the use of electronic systems to transfer funds provides the potential for substantial benefits to consumers. However, due to the unique characteristics of such systems, the application of existing consumer protection legislation is unclear, leaving the rights and liabilities of consumers, financial institutions, and intermediaries in electronic fund transfers undefined.
**(b) Purposes** It is the purpose of this subchapter to provide a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund and remittance transfer systems. The primary objective of this subchapter, however, is the provision of individual consumer rights.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1693
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Federal law — U.S. Code and appendices · legal_authorities
Page 1644
TITLE 15—COMMERCE AND TRADE
§ 1693
1 See References in Text note below.
2 So in original. There are two pars. designated ‘‘(4)’’ and no
par. (3).
institution holding such account without pro-
viding notice to the person at the time the
check was made, drawn, or delivered;
(4) a check for partial payment of a debt
where the payee had previously accepted par-
tial payment for such debt;
(5) a check issued by a person who was not
competent, or was not of legal age, to enter
into a legal contractual obligation at the time
the check was made, drawn, or delivered; or
(6) a check issued to pay an obligation aris-
ing from a transaction that was illegal in the
jurisdiction of the State or district attorney
at the time the check was made, drawn, or de-
livered.
(c) Definitions
For purposes of this section, the following
definitions shall apply:
(1) State or district attorney
The term ‘‘State or district attorney’’ means
the chief elected or appointed prosecuting at-
torney in a district, county (as defined in sec-
tion 2 of title 1), municipality, or comparable
jurisdiction, including State attorneys general
who act as chief elected or appointed pros-
ecuting attorneys in a district, county (as so
defined), municipality or comparable jurisdic-
tion, who may be referred to by a variety of ti-
tles such as district attorneys, prosecuting at-
torneys, commonwealth’s attorneys, solici-
tors, county attorneys, and state’s attorneys,
and who are responsible for the prosecution of
State crimes and violations of jurisdiction-
specific local ordinances.
(2) Check
The term ‘‘check’’ has the same meaning as
in section 5002(6) of title 12.
(3) Bad check violation
The term ‘‘bad check violation’’ means a
violation of the applicable State criminal law
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1693
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 1693. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2423
TITLE 15—COMMERCE AND TRADE
§ 8403
1 So in original. Probably should be ‘‘Fund’’.
(5) Third party sellers offered membership
clubs to consumers as they were in the process
of completing their initial transactions on
hundreds of websites. These third party ‘‘post-
transaction’’ offers were designed to make
consumers think the offers were part of the
initial purchase, rather than a new trans-
action with a new seller.
(6) Third party sellers charged millions of
consumers for membership clubs without ever
obtaining consumers’ billing information, in-
cluding their credit or debit card information,
directly from the consumers. Because third
party sellers acquired consumers’ billing infor-
mation from the initial merchant through
‘‘data pass’’, millions of consumers were un-
aware they had been enrolled in membership
clubs.
(7) The use of a ‘‘data pass’’ process defied
consumers’ expectations that they could only
be charged for a good or a service if they sub-
mitted their billing information, including
their complete credit or debit card numbers.
(8) Third party sellers used a free trial pe-
riod to enroll members, after which they peri-
odically charged consumers until consumers
affirmatively canceled the memberships. This
use of ‘‘free-to-pay conversion’’ and ‘‘negative
option’’ sales took advantage of consumers’
expectations that they would have an oppor-
tunity to accept or reject the membership club
offer at the end of the trial period.
(Pub. L. 111–345, § 2, Dec. 29, 2010, 124 Stat. 3618.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 111–345, § 1, Dec. 29, 2010, 124 Stat. 3618, pro-
vided that: ‘‘This Act [enacting this chapter] may be
cited as the ‘Restore Online Shoppers’ Confidence
Act’.’’
§ 8402. Prohibitions a
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 8402
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.