113 HR 210 IH: To require retail establishments that use mobile device tracking technology to display notices to that effect. U.S. House of Representatives 2013-01-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 210 IN THE HOUSE OF REPRESENTATIVES January 4, 2013 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.

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).

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.

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 commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)). (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.

4.

Effective date

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