H. R. 3629
IN THE HOUSE OF REPRESENTATIVES
December 8, 2011
Mr. Serrano introduced the following bill; which was referred to the Committee on Energy and Commerce
To require retail establishments that use mobile device tracking technology to display notices to that effect.
Notices regarding use of mobile device tracking technology by retail establishments
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.
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).
Enforcement by Federal Trade Commission
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.
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.
In this Act:
The term mobile device means—
a mobile telephone; or
any device that uses or provides access to mobile broadband service.
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.
This Act shall take effect on the date that is 180 days after the date of the enactment of this Act.