| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to electronic contracts and solicitations offered to |
|
|
consumers for goods or services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle B, Title 10, Business & Commerce Code, |
|
|
is amended by adding Chapter 326 to read as follows: |
|
|
CHAPTER 326. ELECTRONIC CONTRACTS AND SOLICITATIONS |
|
|
Sec. 326.001. DEFINITIONS. In this chapter: |
|
|
(1) "Consumer" means a person who seeks or acquires a |
|
|
good or service that is to be used primarily for personal, family, |
|
|
or household purposes. |
|
|
(2) "Electronic" has the meaning assigned by Section |
|
|
322.002. |
|
|
Sec. 326.002. REQUIREMENTS OF ELECTRONIC CONTRACTS AND |
|
|
SOLICITATIONS. To the extent allowed by federal law, a contract |
|
|
entered into or a solicitation offered through electronic means to |
|
|
a consumer for the purchase of a good or service must: |
|
|
(1) be in plain language; |
|
|
(2) be in a readable and understandable format; and |
|
|
(3) include, in a conspicuous format distinguishable |
|
|
from other information, important terms of the contract, including |
|
|
any of the following information, as applicable: |
|
|
(A) customer service contact information; |
|
|
(B) pricing information; |
|
|
(C) cancellation policies; |
|
|
(D) interest charged; |
|
|
(E) date on which the trial period expires; and |
|
|
(F) penalties or fees imposed. |
|
|
Sec. 326.003. ELECTRONIC CANCELLATION OF SERVICES. To the |
|
|
extent allowed by federal law, if a person offers a consumer the |
|
|
option of entering into a contract for services through electronic |
|
|
means and the contract contains a provision that allows the |
|
|
consumer the option to cancel the services under the contract, the |
|
|
person offering the contract must also provide the consumer with |
|
|
the ability to cancel the services under the contract through the |
|
|
same electronic means. |
|
|
Sec. 326.004. CONTRACT VOID. A contract for services that |
|
|
cannot be canceled electronically as provided by Section 326.003 or |
|
|
that does not conform to the requirements of Section 326.002 is |
|
|
void. |
|
|
Sec. 326.005. PRIVATE RIGHT OF ACTION. (a) A consumer |
|
|
injured by a violation of this chapter may bring an action against a |
|
|
person who commits the violation to recover the greater of: |
|
|
(1) actual damages arising from the violation; or |
|
|
(2) $1,000. |
|
|
(b) A person who prevails in an action brought under this |
|
|
section is entitled to recover reasonable attorney's fees and court |
|
|
costs. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a solicitation or contract made, entered into, or renewed on or |
|
|
after the effective date of this Act. A solicitation or contract |
|
|
made, entered into, or renewed before the effective date of this Act |
|
|
is governed by the law in effect when the solicitation or contract |
|
|
was made, entered into, or renewed, and the former law is continued |
|
|
in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |