Bill Text: TX HB1444 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to electronic contracts and solicitations offered to consumers for goods or services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-21 - Left pending in committee [HB1444 Detail]
Download: Texas-2011-HB1444-Introduced.html
| 82R4905 JE-D | ||
| By: Davis of Dallas | H.B. No. 1444 | |
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| 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. | ||
