FEDERAL · 15 U.S.C. · Chapter 110

Negative option marketing on the Internet

15 U.S.C. § 8403
Title15Commerce and Trade
Chapter110 — ONLINE SHOPPER PROTECTION

This text of 15 U.S.C. § 8403 (Negative option marketing on the Internet) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
15 U.S.C. § 8403.

Text

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 c

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Related

Fed. Trade Comm'n v. Credit Bureau Ctr., LLC
325 F. Supp. 3d 852 (E.D. Illinois, 2018)
2 case citations
FTC v. Credit Bureau Center, LLC
81 F.4th 710 (Seventh Circuit, 2023)
2 case citations
Matter of People of the State of New York v. Sirius XM Radio Inc.
2025 NY Slip Op 06145 (Appellate Division of the Supreme Court of New York, 2025)
United States v. Brown
(Second Circuit, 2024)
Mylife.com Inc.
(C.D. California, 2023)
United States v. Mylife.com Inc.
(C.D. California, 2023)

Source Credit

History

(Pub. L. 111–345, §4, Dec. 29, 2010, 124 Stat. 3620.)

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15 U.S.C. § 8403, Counsel Stack Legal Research, https://law.counselstack.com/usc/15/8403.