§8402 — Title 15 Commerce and Trade | U.S. Code

Summary

Post-transaction third-party sellers may not charge a consumer’s credit card, debit card, bank account, or other payment account after an online purchase unless two things happen first. Before they ask for billing details, they must clearly tell the buyer what is being sold, that they are not the original seller (and give a name that makes that clear), and how much it costs. They must also get the buyer’s express, informed consent by collecting the full account number, the buyer’s name, address, and a way to contact them, and by making the buyer take one more clear action (for example, clicking a confirmation button or checking a box) to agree to the charge. The original online seller may not give a customer’s payment number or billing info to a post-transaction third-party seller for use in an internet sale. These rules do not change the Electronic Funds Transfer Act (15 U.S.C. 1693 et seq.) or its rules. Definitions: initial merchant = the seller who got billing info directly from the buyer during the online transaction; post-transaction third-party seller = an online seller who offers goods through the original merchant after the buyer started a transaction and is not the original seller or its affiliate or successor.

Title 15, §8402

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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)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 et seq.) or any regulation promulgated thereunder.

(d)In this section:

(1)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)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).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Electronic Fund Transfer Act, referred to in subsec. (c), is title IX of Pub. L. 90–321, as added by Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3728, which is classified generally to subchapter VI (§ 1693 et seq.) of chapter 41 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of this title and Tables.

§8402 Prohibitions against certain unfair and deceptive Internet sales practices