II 

118TH CONGRESS 

2D SESSION S. 5282 

To restrict car manufacturers and other companies from selling consumer 

car-related data, increase transparency regarding data practices, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. MERKLEY (for himself and Ms. WARREN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To restrict car manufacturers and other companies from 

selling consumer car-related data, increase transparency 

regarding data practices, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Car Privacy Rights 

5 Act of 2024’’. 


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1 SEC. 2. RESTRICTING THE SHARING OR SELLING OF CON2 SUMER CAR-RELATED DATA. 

3 (a) IN GENERAL.—Subject to subsections (b) and (c), 

4 it shall be unlawful for a covered entity to share or sell 

5 any consumer car-related data of a consumer unless— 

6 (1) the covered entity provides the consumer— 

7 (A) a notice that— 

8 (i) the covered entity intends to share 

9 or sell such data; 

10 (ii) is provided in a clear and con11 spicuous standalone disclosure that de12 scribes each instance the covered entity 

13 plans to share or sell such data; 

14 (iii) states for each specific category 

15 of such data if the covered entity is shar16 ing or selling such data in order to provide 

17 a service requested by the consumer or for 

18 another purpose; 

19 (iv) is written in easy-to-understand 

20 language; 

21 (v) is provided by a means that would 

22 be reasonably anticipated by the consumer 

23 given the relationship between the con24 sumer and the covered entity; and 

25 (vi) is accessible to persons with dis26 abilities; and 


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1 (B) an opportunity to explicitly grant af2 firmative express consent to allow the covered 

3 entity to share or sell such data; and 

4 (2) the consumer explicitly grants such affirma5 tive express consent. 

6 (b) REVOCATION OF CONSENT.—If a consumer 

7 grants affirmative express consent to allow a covered enti8 ty to share or sell the data of such consumer pursuant 

9 to subsection (a)(2), the covered entity shall allow such 

10 consumer to easily revoke such consent directly through 

11 the website of the covered entity, or application of the cov12 ered entity, or through direct mail. 

13 (c) EXCEPTION.—Subsection (a) shall not apply to 

14 any data a covered entity shares with the National High15 way Traffic Safety Administration. 

16 SEC. 3. REPORTING OF CONSUMER DATA PRIVACY PRAC17 TICES. 

18 (a) IN GENERAL.—Not later than 120 days after the 

19 date of enactment of this Act and annually thereafter, 

20 each car manufacturer and motor vehicle insurance com21 pany shall submit a report to the Commission regarding 

22 their consumer data privacy practices, including any con23 sumer car-related data that are being collected, the pur24 pose behind such data being collected, what entities are 


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1 being shared or sold such data, and an overview of their 

2 data sharing practices. 

3 (b) FTC REPORT.—Not later than 180 days after the 

4 date described in subsection (a) and annually thereafter, 

5 the Commission shall submit to Congress and publish on 

6 the website of the Commission a report containing a sum7 mary of the information described in subsection (a). 

8 SEC. 4. GUIDANCE OR RULEMAKING REGARDING CAR MAN9 UFACTURERS ADDRESSING DOMESTIC VIO10 LENCE ISSUES RELATED TO THEIR APPLICA11 TIONS. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Commission, in consultation with the Fed14 eral Communications Commission and the National High15 way Traffic Safety Administration, shall issue guidance or 

16 promulgate regulations regarding how car manufacturers 

17 can address domestic violence issues related to any appli18 cation of a car manufacturer that has the capability to 

19 determine the precise geolocation of an individual, con20 sumer car, or device. 

21 SEC. 5. ENFORCEMENT. 

22 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

23 A violation of this Act or a regulation promulgated under 

24 this Act shall be treated as a violation of a rule defining 

25 an unfair or deceptive act or practice under section 


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1 18(a)(1)(B) of the Federal Trade Commission Act (15 

2 U.S.C. 57a(a)(1)(B)). 

3 (b) POWERS OF THE COMMISSION.— 

4 (1) IN GENERAL.—The Commission shall en5 force this Act in the same manner, by the same 

6 means, and with the same jurisdiction, powers, and 

7 duties as though all applicable terms and provisions 

8 of the Federal Trade Commission Act (15 U.S.C. 41 

9 et seq.) were incorporated into and made a part of 

10 this Act. 

11 (2) PRIVILEGES AND IMMUNITIES.—Any person 

12 who violates this Act or a regulation promulgated 

13 under this Act shall be subject to the penalties and 

14 entitled to the privileges and immunities provided in 

15 the Federal Trade Commission Act (15 U.S.C. 41 et 

16 seq.). 

17 (3) AUTHORITY PRESERVED.—Nothing in this 

18 section shall be construed to limit the authority of 

19 the Commission under any other provision of law. 

20 (4) RULEMAKING.—The Commission shall pro21 mulgate in accordance with section 553 of title 5, 

22 United States Code, such rules as may be necessary 

23 to carry out this Act. 

24 SEC. 6. DEFINITIONS. 

25 In this Act: 


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1 (1) AFFIRMATIVE EXPRESS CONSENT.—The 

2 term ‘‘affirmative express consent’’ means an affirm3 ative act by a consumer that— 

4 (A) clearly communicates the authorization 

5 of the consumer for an act or practice; 

6 (B) is provided in response to a notice that 

7 meets the requirements of section 2(a)(1)(A); 

8 and 

9 (C) is not— 

10 (i) acceptance of general or broad 

11 terms of service or a similar document; 

12 (ii) accomplished by hovering over, 

13 muting, pausing, or closing a given piece of 

14 content; or 

15 (iii) acceptance of an agreement ob16 tained through the use of false, fraudulent, 

17 or materially misleading means. 

18 (2) APPLICATION.—The term ‘‘application’’ 

19 means a software program that runs on the oper20 ating system of a device. 

21 (3) COMMISSION.—The term ‘‘Commission’’ 

22 means the Federal Trade Commission. 

23 (4) CONSUMER.—The term ‘‘consumer’’ means 

24 an individual who is a citizen or resident of, or lo25 cated in, the United States. 


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1 (5) CONSUMER CAR.—The term ‘‘consumer 

2 car’’ means a motor vehicle, as defined in section 

3 30102 of title 49, United States Code, that is 

4 owned, leased, or operated by a consumer, but ex5 cluding any motor vehicle owned, leased, or operated 

6 in a commercial or employment context. 

7 (6) CONSUMER CAR-RELATED DATA.—The term 

8 ‘‘consumer car-related data’’ means any information, 

9 including derived data and unique identifiers, that 

10 is— 

11 (A) linked or reasonably linkable, alone or 

12 in combination with other information, to an 

13 identified or identifiable individual or a device; 

14 and 

15 (B) collected or derived from and describes 

16 the historic operation, condition, status, or pre17 cise geolocation of a consumer car or its occu18 pants. 

19 (7) COVERED ENTITY.—The term ‘‘covered en20 tity’’ means any person that collects the consumer 

21 car-related data of an individual, including car man22 ufacturers, insurance companies, and companies that 

23 collect such data through digital applications. 

24 (8) DEVICE.—The term ‘‘device’’ means any 

25 electronic equipment capable of collecting, procVerDate Sep 11 2014 01:22 Oct 17, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 essing, retaining, or transferring consumer car-re2 lated data, including such devices equipped on a con3 sumer car. 

4 (9) PRECISE GEOLOCATION.—The term ‘‘pre5 cise geolocation’’ means information that reveals the 

6 past or present physical location of an individual, 

7 consumer car, or device with sufficient precision to 

8 identify— 

9 (A) street-level location information of 

10 such individual, consumer car, or device; or 

11 (B) the location of such individual, con12 sumer car, or device within a range of 1,850 

13 feet or less. 

Æ 


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