81R7303 JE-D
By: Davis of Dallas H.B. No. 3167
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,
as effective April 1, 2009, is amended by adding Chapter 327 to read
as follows:
CHAPTER 327. ELECTRONIC CONTRACTS AND SOLICITATIONS
Sec. 327.001. DEFINITIONS. In this chapter:
(1) "Consumer" means a person who seeks or obtains 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.
(3) "Electronic contract" means a legal obligation
resulting from the parties' agreement as affected by applicable law
that is entered into by electronic means.
Sec. 327.002. REQUIREMENTS OF ELECTRONIC CONTRACTS AND
SOLICITATIONS. To the extent allowed by federal law, an electronic
contract or solicitation offered 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. 327.003. ELECTRONIC CANCELLATION OF SERVICES. To the
extent allowed by federal law, if a person offers a consumer the
option of entering into an electronic contract for services that
contains a provision that allows the consumer the option to cancel
the services under the contract, the person offering the electronic
contract must also provide the consumer with the ability to
electronically cancel services under the contract.
Sec. 327.004. CONTRACT VOID. An electronic contract for
services that cannot be canceled electronically or that violates
Section 327.002 is void.
Sec. 327.005. 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, 2009.