[Congressional Record Volume 156, Number 154 (Tuesday, November 30, 2010)]
[Senate]
[Page S8305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4721. Mrs. HAGAN (for Mr. Rockefeller (for himself and Mrs. 
Hutchison)) proposed an amendment to the bill S. 3386, to protect 
consumers from certain aggressive sales tactics on the Internet; as 
follows:

       On page 15, line 17, strike ``purchaser's'' and insert 
     ``consumer's''.
       On page 15, line 19, strike ``purchaser'' and insert 
     ``consumer''.
       On page 17, beginning with line 4, strike through line 15 
     on page 18.
       On page 18, line 16, strike ``(d)'' and insert ``(c)''.
       On page 18, line 21, strike ``(e)'' and insert ``(d)''.
       On page 19, strike lines 3 through 7.
       On page 19, line 8, strike ``(3)'' and insert ``(2)''.
       On page 19, strike lines 17 and 18 and insert the 
     following:
       (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).
       On page 19, between line 18 and 19, insert the following:

     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 
     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.
       On page 19, line 19, strike ``SEC. 4.'' and insert ``SEC. 
     5.''.
       On page 20, strike lines 5 through 8.
       On page 20, line 9, strike ``(c)'' and insert ``(b)''.
       On page 20, line 16, strike ``(d)'' and insert ``(c)''.
       On page 20, line 19, strike ``SEC. 5.'' and insert ``SEC. 
     6.''.

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