[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5499 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5499

   To prohibit contracts that prohibit consumers from making certain 
                     public comments on businesses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2014

 Mr. Swalwell of California (for himself, Mr. Sherman, Mr. Cohen, and 
Mr. Cardenas) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To prohibit contracts that prohibit consumers from making certain 
                     public comments on businesses.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Review Freedom Act of 
2014''.

SEC. 2. PROTECTING CONSUMER SPEECH.

    (a) Prohibition.--A provision of a form contract is void from the 
inception of such contract if said provision--
            (1) prohibits or restricts the ability of a person who is a 
        party to the form contract to engage in a covered 
        communication;
            (2) imposes a penalty or fee against a person who is a 
        party to the form contract for engaging in a covered 
        communication; or
            (3) assigns or provides an exclusive license, or requires a 
        person who is a party to the form contract to assign or provide 
        an exclusive license, to any business, other person, or entity 
        any intellectual property rights that such party to the form 
        contract has or may have in a covered communication.
    (b) Rule of Construction.--Nothing in subsection (a) shall be 
construed to affect--
            (1) any duty of confidentiality imposed by law (including 
        agency guidance); or
            (2) any civil action for defamation, libel, or slander, or 
        any similar cause of action.
    (c) Exceptions.--Subsection (a) shall not apply to the extent that 
a provision of a form contract prohibits disclosure of the following:
            (1) Trade secrets or commercial or financial information 
        obtained from a person and privileged or confidential.
            (2) Personnel and medical files and similar files the 
        disclosure of which would constitute a clearly unwarranted 
        invasion of personal privacy.
            (3) Records or information compiled for law enforcement 
        purposes, the disclosure of which would constitute a clearly 
        unwarranted invasion of personal privacy.
    (d) Unlawful Conduct.--It shall be unlawful for a business to offer 
or enter into a form contract containing a provision described as void 
in subsection (a).
    (e) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        subsection (d) shall be treated as a 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.
            (2) Powers of commission.--The Federal Trade Commission 
        shall enforce this section 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 
        section or a regulation promulgated under this section shall be 
        subject to the penalties and entitled to the privileges and 
        immunities provided in the Federal Trade Commission Act.
    (f) State Enforcement.--The attorney general of a State may file an 
action to enforce subsection (d) seeking appropriate relief. In any 
case in which the attorney general of a State has reason to believe 
that an interest of the residents of that State has been or is 
threatened or adversely affected by the engagement of any person in a 
practice that violates any regulation of the Commission prescribed 
under this section, the State, as parens patriae, may bring a civil 
action on behalf of the residents of the State in a district court of 
the United States of appropriate jurisdiction to seek appropriate 
relief.
    (g) Definitions.--
            (1) The term ``person'' means a natural person.
            (2) The term ``business'' means a legal entity organized to 
        accomplish a business purpose, including either for-profit or 
        not-for-profit.
            (3) The term ``form contract'' means a standardized 
        contract used by a business and imposed on a party without a 
        meaningful opportunity for said party to negotiate the 
        standardized terms, but does not include a contract 
        establishing an employer-employee or independent contractor 
        relationship.
            (4) The term ``covered communication'' means a person's 
        written, verbal, or pictorial review, performance assessment 
        of, or other similar analysis of, the products, services, or 
        conduct of a business which is a party to the form contract.
            (5) The term ``written'' includes words provided by 
        electronic means.
            (6) The term ``verbal'' includes speech provided by 
        electronic means.
            (7) The term ``pictorial'' includes pictures, photographs, 
        and video provided by electronic means.
    (h) Effective Dates.--
            (1) Subsections (a), (b), (c), (d), and (g) shall apply to 
        any contracts in effect on or after date of enactment.
            (2) Subsections (e) and (f) shall apply to any contracts in 
        effect on or after one year after date of enactment.

SEC. 3. RELATION TO STATE CAUSES OF ACTION.

    Nothing in this Act shall be construed to affect any cause of 
action brought by a person that exists or may exist under State law.
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