To require retail establishments that use mobile device tracking technology to display notices to that effect.

Requires a person who owns or operates a retail establishment and uses mobile device tracking technology in the establishment to display in a prominent location a notice that such technology is in use and that individuals can avoid being tracked by turning off their mobile devices.

Requires the Federal Trade Commission (FTC) to promulgate regulations to implement such requirement.

Provides for FTC enforcement of violations.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3629 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3629

   To require retail establishments that use mobile device tracking 
             technology to display notices to that effect.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2011

 Mr. Serrano introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To require retail establishments that use mobile device tracking 
             technology to display notices to that effect.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NOTICES REGARDING USE OF MOBILE DEVICE TRACKING TECHNOLOGY 
              BY RETAIL ESTABLISHMENTS.

    (a) In General.--A person who owns or operates a retail 
establishment and uses mobile device tracking technology in such 
establishment shall display in a prominent location in such 
establishment a notice that such technology is in use and that 
individuals can avoid being tracked by turning off their mobile 
devices.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Trade Commission shall promulgate 
regulations under section 553 of title 5, United States Code, to 
implement subsection (a).

SEC. 2. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of section 
1(a) or a regulation promulgated pursuant to section 1(b) shall be 
treated as an unfair or deceptive act or practice in violation of a 
regulation under section 18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices.
    (b) Powers of Commission.--The Federal Trade Commission shall 
enforce this Act in the same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though all applicable terms 
and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of this Act. Any person 
who violates this Act or the regulations promulgated under this Act 
shall be subject to the penalties and entitled to the privileges and 
immunities provided in the Federal Trade Commission Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Mobile device.--The term ``mobile device'' means--
                    (A) a mobile telephone; or
                    (B) any device that uses or provides access to 
                mobile broadband service.
            (2) Mobile device tracking technology.--The term ``mobile 
        device tracking technology'' means technology that tracks the 
        movement of an individual using the radio signal emitted by a 
        mobile device.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect on the date that is 180 days after the 
date of the enactment of this Act.
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