I 

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. CA ́RDENAS) 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. 

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 ‘‘Consumer Review 

5 Freedom Act of 2014’’. 

6 SEC. 2. PROTECTING CONSUMER SPEECH. 

7 (a) PROHIBITION.—A provision of a form contract is 

8 void from the inception of such contract if said provision— 


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1 (1) prohibits or restricts the ability of a person 

2 who is a party to the form contract to engage in a 

3 covered communication; 

4 (2) imposes a penalty or fee against a person 

5 who is a party to the form contract for engaging in 

6 a covered communication; or 

7 (3) assigns or provides an exclusive license, or 

8 requires a person who is a party to the form con9 tract to assign or provide an exclusive license, to any 

10 business, other person, or entity any intellectual 

11 property rights that such party to the form contract 

12 has or may have in a covered communication. 

13 (b) RULE OF CONSTRUCTION.—Nothing in sub14 section (a) shall be construed to affect— 

15 (1) any duty of confidentiality imposed by law 

16 (including agency guidance); or 

17 (2) any civil action for defamation, libel, or 

18 slander, or any similar cause of action. 

19 (c) EXCEPTIONS.—Subsection (a) shall not apply to 

20 the extent that a provision of a form contract prohibits 

21 disclosure of the following: 

22 (1) Trade secrets or commercial or financial in23 formation obtained from a person and privileged or 

24 confidential. 


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1 (2) Personnel and medical files and similar files 

2 the disclosure of which would constitute a clearly un3 warranted invasion of personal privacy. 

4 (3) Records or information compiled for law en5 forcement purposes, the disclosure of which would 

6 constitute a clearly unwarranted invasion of personal 

7 privacy. 

8 (d) UNLAWFUL CONDUCT.—It shall be unlawful for 

9 a business to offer or enter into a form contract containing 

10 a provision described as void in subsection (a). 

11 (e) ENFORCEMENT BY FEDERAL TRADE COMMIS12 SION.— 

13 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC14 TICES.—A violation of subsection (d) shall be treat15 ed as a violation of a regulation under section 

16 18(a)(1)(B) of the Federal Trade Commission Act 

17 (15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep18 tive acts or practices. 

19 (2) POWERS OF COMMISSION.—The Federal 

20 Trade Commission shall enforce this section in the 

21 same manner, by the same means, and with the 

22 same jurisdiction, powers, and duties as though all 

23 applicable terms and provisions of the Federal Trade 

24 Commission Act (15 U.S.C. 41 et seq.) were incor25 porated into and made a part of this Act. Any perVerDate Sep 11 2014 02:18 Sep 23, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5499.IH H5499

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1 son who violates this section or a regulation promul2 gated under this section shall be subject to the pen3 alties and entitled to the privileges and immunities 

4 provided in the Federal Trade Commission Act. 

5 (f) STATE ENFORCEMENT.—The attorney general of 

6 a State may file an action to enforce subsection (d) seek7 ing appropriate relief. In any case in which the attorney 

8 general of a State has reason to believe that an interest 

9 of the residents of that State has been or is threatened 

10 or adversely affected by the engagement of any person in 

11 a practice that violates any regulation of the Commission 

12 prescribed under this section, the State, as parens patriae, 

13 may bring a civil action on behalf of the residents of the 

14 State in a district court of the United States of appro15 priate jurisdiction to seek appropriate relief. 

16 (g) DEFINITIONS.— 

17 (1) The term ‘‘person’’ means a natural person. 

18 (2) The term ‘‘business’’ means a legal entity 

19 organized to accomplish a business purpose, includ20 ing either for-profit or not-for-profit. 

21 (3) The term ‘‘form contract’’ means a stand22 ardized contract used by a business and imposed on 

23 a party without a meaningful opportunity for said 

24 party to negotiate the standardized terms, but does 


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1 not include a contract establishing an employer-em2 ployee or independent contractor relationship. 

3 (4) The term ‘‘covered communication’’ means 

4 a person’s written, verbal, or pictorial review, per5 formance assessment of, or other similar analysis of, 

6 the products, services, or conduct of a business 

7 which is a party to the form contract. 

8 (5) The term ‘‘written’’ includes words provided 

9 by electronic means. 

10 (6) The term ‘‘verbal’’ includes speech provided 

11 by electronic means. 

12 (7) The term ‘‘pictorial’’ includes pictures, pho13 tographs, and video provided by electronic means. 

14 (h) EFFECTIVE DATES.— 

15 (1) Subsections (a), (b), (c), (d), and (g) shall 

16 apply to any contracts in effect on or after date of 

17 enactment. 

18 (2) Subsections (e) and (f) shall apply to any 

19 contracts in effect on or after one year after date of 

20 enactment. 

21 SEC. 3. RELATION TO STATE CAUSES OF ACTION. 

22 Nothing in this Act shall be construed to affect any 

23 cause of action brought by a person that exists or may 

24 exist under State law. 

Æ 


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