Long title | To protect consumers from certain aggressive sales tactics on the Internet. |
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Enacted by | the 111th United States Congress |
Citations | |
Public law | Pub. L. 111–296 (text) (PDF) |
Legislative history | |
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The Restore Online Shoppers' Confidence Act (ROSCA) is a United States federal law passed during the 111th United States Congress and signed into law by President Barack Obama. The legislation was introduced as S.B.3386 by Senator Jay Rockefeller (D-WV) on May 19, 2010, and signed into law on December 29, 2010. [1] [2]
The legislation was drafted to protect online consumers from being automatically enrolled in services that would lead to them receiving recurring charges without their explicit consent. [3] [4] Additionally, the law places certain limits on online sellers' ability to share consumer data with third party actors. [5]
The bill was introduced in the aftermath of the release of two reports by the committee regarding the spread of deceptive internet sales practices. [6] One of the reports, titled "Aggressive Sales Tactics on the Internet and Their Impact on American Consumers", centered on how three companies (Affinion, Webloyalty, and Vertrue) engaged in deceptive practices to auto-enroll consumers without their consent. [7]
Senator Jay Rockefeller, then-chair of the Senate Committee on Commerce, Science, and Transportation, formally introduced the legislation as S.B.3386 May 19, 2010. The legislation passed both houses of Congress ultimately signed into law by President Barack Obama on December 29, 2010. [4]
ROSCA limits sellers ability to engage in "negative option marketing", which refers to a tactic in which an online seller considers a customer's silence or inaction as acceptance of an offer and permission to charge them. [4]
The legislation mandates that online sellers disclose specific terms of their offers to customers. Additionally, the law requires covered sellers them to directly obtain consumers' billing information, rather than obtain the information through third-party online partners. [4]
The Washington Post reported in 2021 that the law successfully "combated some abuses, such as the sharing of sensitive customer data with third parties" and put rules in place requiring companies to implement "simple mechanisms for a consumer to stop recurring charges".
However, the report noted that the law has criticism from consumer advocates, who argue the law provides companies' loopholes to charge customers while limiting their ability to stop recurring charges. This includes company policies that require customers to sign up for a service online but prevent cancelations using the same method, and instead require customers to call customer service during business hours to cancel. [5]
E-commerce is the activity of electronically buying or selling products on online services or over the Internet. E-commerce draws on technologies such as mobile commerce, electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange (EDI), inventory management systems, and automated data collection systems. E-commerce is the largest sector of the electronics industry and is in turn driven by the technological advances of the semiconductor industry.
A sales tax is a tax paid to a governing body for the sales of certain goods and services. Usually laws allow the seller to collect funds for the tax from the consumer at the point of purchase.
The term pro forma is most often used to describe a practice or document that is provided as a courtesy or satisfies minimum requirements, conforms to a norm or doctrine, tends to be performed perfunctorily or is considered a formality. The term is used in legal and business fields to refer to various types of documents that are generated as a matter of course.
Bait-and-switch is a form of fraud used in retail sales but also employed in other contexts. First, customers are "baited" by merchants' advertising products or services at a low price, but then, when they visit the store, those customers discover that the advertised goods are not available and are pressured by salespeople to purchase similar but higher-priced products ("switching").
An estate agent is a person or business that arranges the selling, renting, or managing of properties and other buildings. An agent that specialises in renting is often called a letting or management agent. Estate agents are mainly engaged in the marketing of property available for sale and contract reassignments, and a solicitor or licensed conveyancer is used to prepare the legal documents. In Scotland, however, many solicitors also act as estate agents, a practice that is rare in England and Wales.
An online auction is an auction held over the internet and accessed by internet connected devices. Similar to in-person auctions, online auctions come in a variety of types, with different bidding and selling rules.
Online shopping is a form of electronic commerce which allows consumers to directly buy goods or services from a seller over the Internet using a web browser or a mobile app. Consumers find a product of interest by visiting the website of the retailer directly or by searching among alternative vendors using a shopping search engine, which displays the same product's availability and pricing at different e-retailers. As of 2020, customers can shop online using a range of different computers and devices, including desktop computers, laptops, tablet computers and smartphones.
Ticket resale is the act of reselling tickets for admission to events. Tickets are bought from licensed sellers and then sold for a price determined by the individual or company in possession of the tickets. Tickets sold through secondary sources may be sold for less or more than their face value depending on demand, which tends to vary as the event date approaches. When the supply of tickets for a given event available through authorized ticket sellers is depleted, the event is considered "sold out," generally increasing the market value for any tickets on offer through secondary sellers. Ticket resale is common in both sporting and musical events.
Video Professor, Inc. was an American company that developed and marketed tutorials for a variety of computer-related subjects, such as learning to use Microsoft Word, Microsoft Windows, and eBay. Video Professor was founded in 1987 by John W. Scherer and was located in Lakewood, Colorado. It was known in the U.S. for its commercials and infomercials on late night television and print ads almost daily in USA Today and other nationally-distributed newspapers. The company has been the subject of controversy regarding its sales and billing practices, as well as lawsuits it has filed against online critics of the company.
Vertrue Incorporated, headquartered in Norwalk, Connecticut, is an American consumer services marketing company. The company again received an "F" from the Better Business Bureau for making unauthorized charges to its customers' credit cards. In 2007 it was acquired by a trio of investment firms, including Rho Ventures. In 2010, Vertrue and two of its subsidiaries were found guilty of defrauding nearly 500,000 of their customers in Iowa.
Fine print, small print, or mouseprint is less noticeable print smaller than the more obvious larger print it accompanies that advertises or otherwise describes or partially describes a commercial product or service. The larger print that is used in conjunction with fine print by the merchant often has the effect of deceiving the consumer into believing the offer is more advantageous than it really is. This may satisfy a legal technicality which requires full disclosure of all terms or conditions, but does not specify the manner of disclosure. There is strong evidence that suggests the fine print is not read by the majority of consumers.
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles.
Webloyalty is an online marketing company, part of Affinion Group, that runs reward programmes 'Shopper Discounts & Rewards' and 'Complete Savings'. These programmes require a monthly subscription in return for access to discounts similar to those on a cashback website. Previously, Webloyalty's marketing practices have attracted significant controversy and substantial lawsuits.
The United States Federal Trade Commission (FTC) has been involved in oversight of the behavioral targeting techniques used by online advertisers since the mid-1990s. These techniques, initially called "online profiling", are now referred to as "behavioral targeting"; they are used to target online behavioral advertising (OBA) to consumers based on preferences inferred from their online behavior. During the period from the mid-1990s to the present, the FTC held a series of workshops, published a number of reports, and gave numerous recommendations regarding both industry self-regulation and Federal regulation of OBA. In late 2010, the FTC proposed a legislative framework for U.S. consumer data privacy including a proposal for a "Do Not Track" mechanism. In 2011, a number of bills were introduced into the United States Congress that would regulate OBA.
Amazon's tax behaviours have been investigated in China, Germany, Poland, Sweden, South Korea, France, Japan, Ireland, Singapore, Luxembourg, Italy, Spain, United Kingdom, multiple states in the United States, and Portugal. According to a report released by Fair Tax Mark in 2019, Amazon is the best actor of tax avoidance, having paid a 12% effective tax rate between 2010 and 2018, in contrast with 35% corporate tax rate in the US during the same period. Amazon countered that it had an 24% effective tax rate during the same period.
Do Not Track legislation protects Internet users' right to choose whether or not they want to be tracked by third-party websites. It has been called the online version of "Do Not Call". This type of legislation is supported by privacy advocates and opposed by advertisers and services that use tracking information to personalize web content. Do Not Track (DNT) is a formerly official HTTP header field, designed to allow internet users to opt-out of tracking by websites—which includes the collection of data regarding a user's activity across multiple distinct contexts, and the retention, use, or sharing of that data outside its context. Efforts to standardize Do Not Track by the World Wide Web Consortium did not reach their goal and ended in September 2018 due to insufficient deployment and support.
Post-transaction marketing is a deceptive marketing practice used by many companies, which have then been subject to investigation, charges from state attorneys general, and class action lawsuits.
The Marketplace Fairness Act was a proposed legislation pending in the United States Congress that would enable state governments to collect sales taxes and use taxes from remote retailers with no physical presence in their state.
The electric car company Tesla, Inc. has faced dealership disputes in several U.S. states as a result of local laws. In the United States, direct manufacturer auto sales are prohibited in many states by franchise laws requiring that new cars be sold only by independent dealers.
The Consumer Review Fairness Act of 2016, signed into law by President Barack Obama on December 14, 2016, is a federal consumer protection statute banning the use of gag clauses in non-negotiable consumer form contracts.