Page:United States Statutes at Large Volume 124.djvu/3646

 124 STAT. 3620 PUBLIC LAW 111–345—DEC. 29, 2010 (c) APPLICATION WITH OTHER LAW.—Nothing in this Act shall be construed to supersede, modify, or otherwise affect the require- ments of the Electronic Funds Transfer Act (15 U.S.C. 1693 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 con- sumer 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). SEC. 4. 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 con- sumer’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. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) IN GENERAL.—Violation of this Act or any regulation pre- scribed under this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (b) PENALTIES.—Any person who violates this Act or any regula- tion prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Fed- eral Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. 15 USC 8404. 15 USC 8403.