---
kind: "section"
citation: "15 U.S.C. § 8403"
title: "15"
title_heading: "Commerce and Trade"
number: "8403"
heading: "Negative option marketing on the Internet"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/8403"
units:
  - "Chapter 110 — Online Shopper Protection"
---

# §8403. Negative option marketing on the Internet


It shall be unlawful for any [person](/usc/15/7a.md?p=6) to charge or attempt to charge any consumer for any goods or services sold in a transaction effected on the Internet through a negative option feature (as defined in the Federal Trade Commission’s Telemarketing Sales Rule in part 310 of title 16, Code of Federal Regulations), unless the [person](/usc/15/7a.md?p=6)—

- (1) provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer’s billing information;
- (2) obtains a consumer’s express informed consent before charging the consumer’s credit card, debit card, bank account, or other financial account for products or services through such transaction; and
- (3) provides simple mechanisms for a consumer to stop recurring charges from being placed on the consumer’s credit card, debit card, bank account, or other financial account.

## Source credit

(Pub. L. 111–345, § 4, Dec. 29, 2010, 124 Stat. 3620.)