15 USC 8402 - Prohibitions against certain unfair and deceptive Internet sales practices

U.S Code last checked for updates: Nov 22, 2024

§ 8402.

Prohibitions against certain unfair and deceptive Internet sales practices

(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

(c)

Application with other law

(d)

Definitions

In this section:

(1)

Initial merchant

(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).

(Pub. L. 111–345, § 3, Dec. 29, 2010, 124 Stat. 3619.)

cite as: 15 USC 8402