2015 US Code
Title 15 - Commerce and Trade (Sections 1 - 8405)
Chapter 110 - Online Shopper Protection (Sections 8401 - 8405)
Sec. 8403 - Negative option marketing on the Internet

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Publication TitleUnited States Code, 2012 Edition, Supplement 3, Title 15 - COMMERCE AND TRADE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 15 - COMMERCE AND TRADE
CHAPTER 110 - ONLINE SHOPPER PROTECTION
Sec. 8403 - Negative option marketing on the Internet
Containssection 8403
Date2015
Laws In Effect As Of DateJanuary 3, 2016
Positive LawNo
Dispositionstandard
Source CreditPub. L. 111-345, §4, Dec. 29, 2010, 124 Stat. 3620.
Statutes at Large Reference124 Stat. 3620
Public and Private LawPublic Law 111-345

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15 U.S.C. § 8403 (2015)

§8403. Negative option marketing on the Internet

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—

(1) provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer's billing information;

(2) 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

(3) 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.

(Pub. L. 111–345, §4, Dec. 29, 2010, 124 Stat. 3620.)

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