Texas 2009 - 81st Regular

Texas House Bill HB3167 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7303 JE-D
2	2	By: Davis of Dallas H.B. No. 3167
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to electronic contracts and solicitations offered to
8	8	consumers for goods or services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 10, Business & Commerce Code,
11	11	as effective April 1, 2009, is amended by adding Chapter 327 to read
12	12	as follows:
13	13	CHAPTER 327. ELECTRONIC CONTRACTS AND SOLICITATIONS
14	14	Sec. 327.001. DEFINITIONS. In this chapter:
15	15	(1) "Consumer" means a person who seeks or obtains a
16	16	good or service that is to be used primarily for personal, family,
17	17	or household purposes.
18	18	(2) "Electronic" has the meaning assigned by Section
19	19	322.002.
20	20	(3) "Electronic contract" means a legal obligation
21	21	resulting from the parties' agreement as affected by applicable law
22	22	that is entered into by electronic means.
23	23	Sec. 327.002. REQUIREMENTS OF ELECTRONIC CONTRACTS AND
24	24	SOLICITATIONS. To the extent allowed by federal law, an electronic
25	25	contract or solicitation offered to a consumer for the purchase of a
26	26	good or service must:
27	27	(1) be in plain language;
28	28	(2) be in a readable and understandable format; and
29	29	(3) include, in a conspicuous format distinguishable
30	30	from other information, important terms of the contract, including
31	31	any of the following information, as applicable:
32	32	(A) customer service contact information;
33	33	(B) pricing information;
34	34	(C) cancellation policies;
35	35	(D) interest charged;
36	36	(E) date on which the trial period expires; and
37	37	(F) penalties or fees imposed.
38	38	Sec. 327.003. ELECTRONIC CANCELLATION OF SERVICES. To the
39	39	extent allowed by federal law, if a person offers a consumer the
40	40	option of entering into an electronic contract for services that
41	41	contains a provision that allows the consumer the option to cancel
42	42	the services under the contract, the person offering the electronic
43	43	contract must also provide the consumer with the ability to
44	44	electronically cancel services under the contract.
45	45	Sec. 327.004. CONTRACT VOID. An electronic contract for
46	46	services that cannot be canceled electronically or that violates
47	47	Section 327.002 is void.
48	48	Sec. 327.005. PRIVATE RIGHT OF ACTION. (a) A consumer
49	49	injured by a violation of this chapter may bring an action against a
50	50	person who commits the violation to recover the greater of:
51	51	(1) actual damages arising from the violation; or
52	52	(2) $1,000.
53	53	(b) A person who prevails in an action brought under this
54	54	section is entitled to recover reasonable attorney's fees and court
55	55	costs.
56	56	SECTION 2. The change in law made by this Act applies only
57	57	to a solicitation or contract made, entered into, or renewed on or
58	58	after the effective date of this Act. A solicitation or contract
59	59	made, entered into, or renewed before the effective date of this Act
60	60	is governed by the law in effect when the solicitation or contract
61	61	was made, entered into, or renewed, and the former law is continued
62	62	in effect for that purpose.
63	63	SECTION 3. This Act takes effect September 1, 2009.