[Congressional Record Volume 156, Number 167 (Thursday, December 16, 2010)]
[Extensions of Remarks]
[Page E2165]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                RESTORE ONLINE SHOPPERS' CONFIDENCE ACT

                                 ______
                                 

                               speech of

                         HON. ZACHARY T. SPACE

                                of ohio

                    in the house of representatives

                      Wednesday, December 15, 2010

  Mr. SPACE. Madam Speaker, I rise in support of S. 3386, the Restore 
Online Shoppers' Confidence Act, bipartisan legislation critical to 
protecting online consumers in Ohio and across the country.
  Online shopping is becoming a common and critical part of our 
Nation's economy. The convenience of shopping and making purchases from 
home is an exciting revolution in commerce, and one that has broadened 
the opportunities and access available to American consumers.
  As we saw on Cyber Monday, Americans are not hesitating to take 
advantage.
  In particular, for people like my constituents who live in rural 
areas, online shopping offers an opportunity to avoid lengthy trips, 
saving both time and the cost of gas.
  However, as the number of consumers taking advantage of these new 
opportunities continues to grow, I fear that the number of pitfalls for 
consumers is beginning to grow.
  In particular, I am concerned about a growing new trend that is 
putting consumers on the defensive. Companies are using misleading Web 
sites and offers to sign up unsuspecting consumers for expensive 
subscription services. These companies are engaging in a new practice 
called post-transaction marketing, in which they purport to make 
special offers to consumers who have just completed a transaction.
  Before they know it, consumers have unknowingly signed up for 
services, and their credit card information is on the way to the new 
company. Oftentimes, these same consumers don't even realize they have 
signed up for the service until they get their credit card statements.
  This practice is egregious, and it is flat wrong.
  We must act to bring it to a stop.
  While I, like many of my moderate colleagues, fear the consequences 
of extending the reach of government too far into the economy, I also 
believe that there is a time when we, as legislators, have a mandate to 
act. This is one of those occasions.
  Earlier this year, I introduced H.R. 5707, the Restore Online 
Shoppers' Confidence Act. This legislation would take initial first 
steps toward ending what is clearly a deceptive and troubling practice.
  Specifically, the legislation would require that companies engaging 
in post-transaction marketing clearly disclose the terms of any 
agreement proposed to consumers, ensuring that they have full knowledge 
of the services for which they are subscribing.
  In addition, it would also require that these same companies provide 
easy ways to opt out of any agreement or subscription service, 
empowering consumers to control their enrollment.
  Recently, the Senate passed companion legislation, S. 3386 by 
unanimous consent. This bipartisan show of support indicates just how 
serious the problem is facing American consumers, as well as the 
common-sense nature of the legislation before us.
  Now, the time has come for the House to act in kind.
  We have before us a choice today--act on behalf of our constituents 
who every day use the internet for information and commerce.
  Or, we can fail to act, and allow more American consumers to fall 
victim to a frightening practice that separates from them their hard-
earned income.
  I would be remiss if I didn't also raise a point that I have raised a 
number of times during my time in the House. The internet is an 
exciting and powerful tool. In particular, high-speed internet has 
brought a wealth of exciting new opportunities to American consumers.
  However, not all consumers have access to this basic tool. Too many 
of my constituents do not have access to reliable and affordable 
broadband service, taking away their ability to participate in online 
shopping, distance learning, and all the basic services that many of us 
take for granted.
  I hope that this body will continue to take seriously the plight of 
those individuals on the other side of the digital divide, and will 
rise to the occasion to address a major challenge facing rural America.

                          ____________________