To make minor and technical changes in the bill as reported, and for other purposes.
What it does: 13 changes: replaces text in 10 places, strikes text in 3 places
Sen. John D. Rockefeller IV (D-WV)What it changes
13 changes to S. 3386 · 2 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “purchaser's” with “consumer's”
[struck: purchaser's][inserted: consumer's]Original wording
On page 15, line 17, strike “purchaser's” and insert “consumer's”.
Change 2: Replaces “purchaser” with “consumer”
[struck: purchaser][inserted: consumer]Original wording
On page 15, line 19, strike “purchaser” and insert “consumer”.
Change 3: Strikes page 17, line 4 through page 18, line 15
StrikesPrinted pageRemoves page 17, line 4 through page 18, line 15 of the printed bill. See that page
Original wording
On page 17, beginning with line 4, strike through line 15 on page 18.
Change 4: Replaces “(d)” with “(c)”
[struck: (d)][inserted: (c)]Original wording
On page 18, line 16, strike “(d)” and insert “(c)”.
Change 5: Replaces “(e)” with “(d)”
[struck: (e)][inserted: (d)]Original wording
On page 18, line 21, strike “(e)” and insert “(d)”.
Change 6: Strikes page 19, lines 3–7
StrikesPrinted pageRemoves page 19, lines 3–7 of the printed bill. See that page
Original wording
On page 19, strike lines 3 through 7.
Change 7: Replaces “(3)” with “(2)”
[struck: (3)][inserted: (2)]Original wording
On page 19, line 8, strike “(3)” and insert “(2)”.
Change 8: Rewrites page 19, lines 17–18
ReplacesPrinted pageRemoves page 19, lines 17–18 of the printed bill. See that page
Inserted: (C) is not--
Inserted: (i) the initial merchant;
Inserted: (ii) a subsidiary or corporate affiliate of the initial merchant; or
Inserted: (iii) a successor of an entity described in clause (i) or (ii).
Original wording
On page 19, strike lines 17 and 18 and insert the following:
Change 9: Replaces “SEC. 4.” with “SEC. 5.”
In S. 3386 · Reported to Senate
(C) is not a subsidiary or corporate affiliate of the initial merchant.
SEC.
[struck: 4][inserted: 5]. ENFORCEMENT BY FEDERAL TRADE COMMISSION.(a) In General.--Violation of this Act or any regulation prescribed 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.
Original wording
On page 19, line 19, strike “SEC. 4.” and insert “SEC. 5.”.
Change 10: Strikes page 20, lines 5–8
StrikesPrinted pageRemoves page 20, lines 5–8 of the printed bill. See that page
Original wording
On page 20, strike lines 5 through 8.
Change 11: Replaces “(c)” with “(b)”
[struck: (c)][inserted: (b)]Original wording
On page 20, line 9, strike “(c)” and insert “(b)”.
Change 12: Replaces “(d)” with “(c)”
[struck: (d)][inserted: (c)]Original wording
On page 20, line 16, strike “(d)” and insert “(c)”.
Change 13: Replaces “SEC. 5.” with “SEC. 6.”
In S. 3386 · Reported to Senate
(d) Authority Preserved.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
SEC.
[struck: 5][inserted: 6]. ENFORCEMENT BY STATE ATTORNEYS GENERAL.(a) Right of Action.--Except as provided in subsection (e), the attorney general of a State, or other authorized State officer, alleging a violation of this Act or any regulation issued under this Act that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief.
Original wording
On page 20, line 19, strike “SEC. 5.” and insert “SEC. 6.”.
Shown as written
On page 19, between line 18 and 19, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
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.”.
Legislative Activity
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Senate amendment submitted
November 30, 2010
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Senate amendment submitted
November 30, 2010
Senate amendment agreed to: Amendment SA 4721 agreed to in Senate by Unanimous Consent.
November 30, 2010
Senate amendment proposed (on the floor): Amendment SA 4721 proposed by Senator Hagan for Senator Rockefeller.(consideration: CR S8306-8307; text: CR S8306-8307)
November 30, 2010
Amendment SA 4721 proposed by Senator Hagan for Senator Rockefeller. (consideration: CR S8306-8307; text: CR S8306-8307) To make minor and technical changes in the bill as reported, and for other purposes.
November 30, 2010
Amendment SA 4721 agreed to in Senate by Unanimous Consent.
November 30, 2010