Children's Listbroker Privacy Act
The source supplies the latest action, but no lifecycle stage.
Latest action (22 Jul 2004): Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
What this bill does
The Children’s Listbroker Privacy Act would make it illegal to sell personal information about a child—defined as anyone under age 16—to buyers who identify them as such for marketing purposes, and illegal for a buyer to purchase such information intending to market to that child. Personal information covered includes names, addresses, email addresses, phone numbers, Social Security numbers, and other identifying data. Exceptions apply if a parent or guardian gives express, informed consent, or if the purchaser certifies in advance that the information will not be used for marketing to the child.
The bill would primarily affect commercial list brokers and marketers who buy or sell children’s data, as well as families whose children’s information is collected and traded for marketing purposes. Enforcement would rest mainly with the Federal Trade Commission, treating violations as unfair or deceptive practices, with certain financial and transportation-sector regulators handling enforcement for entities they already oversee. State attorneys general could also bring civil suits on behalf of residents, after notifying the FTC.
The bill was introduced in the House on July 22, 2004, by Rep. Darlene Hooley and referred to the Committee on Energy and Commerce. It did not receive a vote and did not become law; no further action occurred before the end of that Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Children's Listbroker Privacy Act - Makes it unlawful: (1) to sell personal information about an individual the seller knows to be a child (under age 16); (2) to purchase personal information about an individual identified by the seller as a child for the purpose of marketing to that child; or (3) for a purchaser who has provided a certification limiting the use of such information to engage in any practice that violates the certification terms. Makes an exception with respect to express parental consent to such sale, purchase, or use.
Requires enforcement of this Act by the Federal Trade Commission (FTC) as if violations were unfair or deceptive acts or practices under the Federal Trade Commission Act. Requires enforcement of compliance by other Federal agencies under other specified laws.
Authorizes enforcement actions by States acting on behalf of their residents. Gives the FTC the right to intervene in such actions. Precludes State actions during the pendency of FTC actions.
Timeline
22 Jul 2004
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Common questions
- What does H.R. 4955 do?
- The Children’s Listbroker Privacy Act would make it illegal to sell personal information about a child—defined as anyone under age 16—to buyers who identify them as such for marketing purposes, and illegal for a buyer to purchase such information intending to market to that child. Personal information covered includes names, addresses, email addresses, phone numbers, Social Security numbers, and other identifying data. Exceptions apply if a parent or guardian gives express, informed consent, or if the purchaser certifies in advance that the information will not be used for marketing to the child. The bill would primarily affect commercial list brokers and marketers who buy or sell children’s data, as well as families whose children’s information is collected and traded for marketing purposes. Enforcement would rest mainly with the Federal Trade Commission, treating violations as unfair or deceptive practices, with certain financial and transportation-sector regulators handling enforcement for entities they already oversee. State attorneys general could also bring civil suits on behalf of residents, after notifying the FTC. The bill was introduced in the House on July 22, 2004, by Rep. Darlene Hooley and referred to the Committee on Energy and Commerce. It did not receive a vote and did not become law; no further action occurred before the end of that Congress.
- Has H.R. 4955 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 4955. Check the latest action and official source below.
- Who sponsored H.R. 4955?
- H.R. 4955 was sponsored by Rep. Hooley, Darlene [D-OR-5] (D-OR), with 0 cosponsors.
- What's the latest action on H.R. 4955?
- Referred to the Subcommittee on Commerce, Trade and Consumer Protection. (22 Jul 2004).
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