What does Preamble of Online Consumer Protection Act do?

This bill aims to clarify that violating certain terms of service is an unfair or deceptive act. The Federal Trade Commission would be responsible for enforcement. The bill was introduced in the House of Representatives.

What does SHORT TITLE. of Online Consumer Protection Act do?

This bill is formally titled the Online Consumer Protection Act

What does TERMS OF SERVICE REQUIRED FOR SOCIAL MEDIA PLATFORMS AND ONLINE of Online Consumer Protection Act do?

This section requires social media platforms and online marketplaces to establish, maintain, and make publicly available terms of service in a clear, easily understood, and machine-readable format. The terms of service must include conditions of use, policies regarding service use, and a consumer protection policy. The consumer protection policy for social media platforms must describe permitted and prohibited content and behavior, actions regarding content modification or termination, and appeal processes. For online marketplaces, the consumer protection policy must address allowed and disallowed products, notifications of recalls, reporting mechanisms for fraud, and remedies for users and sellers. The Commission is directed to conduct a study within 180 days of enactment to determine the most effective method of communicating consumer protection practices through short-form statements or graphic icons. Following the study, the Commission must finalize regulations within one year to require communication of consumer protection and content moderation practices, unless it determines such rules would not advance consumer understanding.

What does CONSUMER PROTECTION PROGRAM. of Online Consumer Protection Act do?

This section establishes a Consumer Protection Program requirement for social media platforms and online marketplaces. The program must include policies, practices, and procedures regarding consumer protection and content moderation, considering factors like platform size and user activity. Platforms must monitor, manage, and enforce their consumer protection programs, and assess risks related to content amplification. The program requires periodic review and updates, and the appointment of a consumer protection officer reporting to the CEO. Platforms with annual revenue exceeding $250,000 or over 10,000 monthly active users must submit annual filings to the Federal Trade Commission (FTC). These filings must detail program requirements, identify the consumer protection officer, and describe material changes. The principal executive officer and consumer protection officer must certify the accuracy and fairness of the filings. The FTC will make these filings publicly available, potentially withholding information with justification.

What does ENFORCEMENT. of Online Consumer Protection Act do?

This section establishes enforcement mechanisms for the Act. The Federal Trade Commission (FTC) is responsible for enforcing the Act. The FTC has the power to promulgate regulations to carry out the purposes of the Act. Individuals can bring a civil action in court for damages resulting from a violation of the Act. State Attorneys General can also bring civil actions to enforce compliance with the Act.

What does RELATIONSHIP TO OTHER LAWS. of Online Consumer Protection Act do?

This section addresses the relationship to other laws. Section 230 of the Communications Act of 1934 does not apply to violations of this Act. This Act does not preempt State or local laws. If a provision is held invalid, the remainder of the Act remains in effect.

What does FTC ENFORCEMENT AUTHORITY. of Online Consumer Protection Act do?

This section amends Section 230(e) of the Communications Act of 1934. The amendment clarifies that nothing in Section 230 impairs the Federal Trade Commission's (FTC) enforcement authority. The amendment applies to actions or proceedings commenced on or after the date of enactment of this Act.

What does DEFINITIONS. of Online Consumer Protection Act do?

This section defines key terms used within the Act. The term 'Commission' refers to the Federal Trade Commission. “Consumer product” is defined by reference to section 3(a) of the Consumer Product Safety Act. “Cyber harassment” is defined as electronic communication that harasses, torments, threatens, or terrorizes a target. An 'online marketplace' is a website or application facilitating sales by third-party sellers of consumer products. A 'seller' is a person or entity selling consumer products through an online marketplace. A 'social media platform' allows users to create accounts, share content, and interact with other users, and delivers ads. A 'user' encompasses anyone using a social media platform or online marketplace, including advertisers and sellers.

Back to bills

Online Consumer Protection Act

Last updated: 4/10/2025 · Introduced: 4/10/2025

Author: Janice Schakowsky (D-IL)

TL;DR (AI)

The bill requires social media platforms and online marketplaces to establish and make publicly available terms of service in a clear and easily understood format, including conditions of use and consumer protection policies.
Social media platforms and online marketplaces must establish a Consumer Protection Program, which includes policies and procedures for consumer protection and content moderation, and submit annual filings to the Federal Trade Commission.
The Federal Trade Commission is responsible for enforcing the bill, and individuals and state attorneys general can bring civil actions for damages or to enforce compliance, with the bill clarifying that Section 230 of the Communications Act of 1934 does not apply to violations.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 6 more.

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