(d) A vendor conducting business through the Internet or
any other electronic means of communication shall do all of the
following when the transaction involves a buyer located in this
state:
(1) Before accepting any payment or processing any debit or credit
charge or funds transfer, the vendor shall disclose to the buyer in writing or by electronic means of communication, such as e-mail
or an on-screen notice, the vendor's return and refund policy, the legal name under which the business is conducted and, except
as provided in paragraph (3), the complete street address from
which the business is actually conducted.
(2) If the disclosure of the vendor's legal name and address
information required by this subdivision is made by on-screen
notice, all of the following shall apply:
(A) The disclosure of the legal name and address information
shall appear on any of the following:
(i) the first screen displayed when the vendor's electronic site
is accessed,
(ii) on the screen on which goods or services are first offered,
(iii) on the screen on which a buyer may place the order for goods
or services,
(iv) on the screen on which the buyer may enter payment information,
such as a credit card account number, or
(v) for nonbrowser-based technologies, in a manner that gives
the user a reasonable opportunity to review that information.
The communication of that disclosure shall not be structured to
be smaller or less legible than the text of the offer of the goods
or services.
(B) The disclosure of the legal name and address information shall
be accompanied by an adjacent statement describing how the buyer
may receive the information at the buyer's e-mail address. The
vendor shall provide the disclosure information to the buyer at
the buyer's e-mail address within five days of receiving the buyer's
request.
(C) Until the vendor complies with subdivision (a) in connection
with all buyers of the vendor's goods or services, the vendor
shall make available to a buyer and any person or entity who may
enforce this section pursuant to Section 17535 on-screen access
to the information required to be disclosed under this subdivision.
(g) Any violation of the provisions of this section is a misdemeanor
punishable by imprisonment in the county jail not exceeding six
months, by a fine not exceeding one thousand dollars ($1,000), or
by both that imprisonment and fine. |