HB 9 Information infrastructure providers; disclosure of sexual content.
Robert G. Marshall | all patrons    ...    notes
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Summary:
Every provider of on-line services is required by this bill to (i) provide subscribers with on-line access to their billing accounts, (ii) identify within such billing accounts those user selections during the relevant billing period with sexually explicit content with the notation "sexually explicit content," and (iii) enable subscribers to review at any time, on-line, all billing activity within their accounts for a period spanning the preceding 60 days, or the two most recent billing periods, whichever period is longer.

Every provider, other than a provider of on-line services, furnishing a service with sexually explicit content for which it seeks payment from the service's users through billings or invoices issued by any long distance carrier, telephone company or credit card issuer is required by this bill to disclose to its billing entity that the services have sexually explicit content.

Any telephone company, long distance carrier or credit card issuer billing a customer for a service with sexually explicit content is required to identify the charges for such services with the notation "sexually explicit content" if such identifying information is furnished by the service provider (as required by this bill). However, no such company, carrier or issuer will be deemed in violation of this provision if its failure to so identify and describe such charges is a consequence of a provider's refusal or failure to identify its service as one having sexually explicit content.

Charges for any service with sexually explicit content (i) related to a juvenile's use of such service or (ii) not properly identified as such in any telephone company, long distance carrier or credit card billing will be deemed void. However, any telephone customer or credit card account holder who fraudulently seeks to avoid payment for any such service will be subject to penalties.

Every telephone company, long distance carrier and credit card issuer is required to notify new and current telephone and credit customers of this law's provisions. Such notice must be provided to new customers concurrent with establishing any new customer account, and to current customers not later than 30 days prior to the effective date of this law.

Persons who knowingly and willfully violate the provisions of this law will be guilty of a Class 3 misdemeanor. Such violations will also constitute a prohibited practice under (and be subject to the enforcement provisions of) the Virginia Consumer Protection Act.

Full text:
01/10/96  House: Presented & ordered printed, prefiled 12/14/95 960954324  pdf

Status:
01/10/96  House: Presented & ordered printed, prefiled 12/14/95 960954324
01/10/96  House: Referred to Committee on Corporations, Insurance and Banking
01/25/96  House: Continued to 1997 in C. I. B. w/sub. (20-Y 2-N)