I 
113TH CONGRESS 
1ST SESSION 
H. R. 210 
To require retail establishments that use mobile device tracking technology 
to display notices to that effect. 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NOTICES REGARDING USE OF MOBILE DEVICE 
TRACKING TECHNOLOGY BY RETAIL ESTAB-
LISHMENTS. 
(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 promi-
nent location in such establishment a notice that such 
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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 sub-
section (a). 
SEC. 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, pow-
ers, and duties as though all applicable terms and provi-
sions 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 pen-
alties and entitled to the privileges and immunities pro-
vided in the Federal Trade Commission Act. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) MOBILE
DEVICE.—The term ‘‘mobile de-
vice’’ 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 indi-
vidual using the radio signal emitted by a mobile de-
vice. 
SEC. 4. EFFECTIVE DATE. 
This Act shall take effect on the date that is 180 days 
after the date of the enactment of this Act. 
Æ 
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