I 
118TH CONGRESS 
1ST SESSION H. R. 5534 
To prohibit targeted advertising by advertisers and advertising facilitators, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2023 
Ms. ESHOO (for herself and Ms. SCHAKOWSKY) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To prohibit targeted advertising by advertisers and 
advertising facilitators, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Banning Surveillance 
Advertising Act of 2023’’. 
SEC. 2. PROHIBITION ON TARGETED ADVERTISING. 
(a) PROHIBITION ON TARGETING BY ADVERTISERS 
AND ADVERTISING FACILITATORS.— 
(1) IN GENERAL.—An advertiser or an adver-
tising facilitator may not— 
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(A) target the dissemination of an adver-
tisement; or 
(B) knowingly enable an advertiser (in the 
case of an advertising facilitator), advertising 
facilitator (in the case of an advertiser), or 
third party to target the dissemination of an 
advertisement, including by providing the adver-
tiser, advertising facilitator, or third party 
with— 
(i) a list of individuals or connected 
devices; 
(ii) contact information of an indi-
vidual; 
(iii) a unique identifier that may be 
used to identify an individual or a con-
nected device; or 
(iv) other personal information that 
can be used to identify an individual or a 
connected device. 
(2) CONTEXTUAL ADVERTISEMENTS.— 
(A) IN GENERAL.—For purposes of para-
graph (1), an advertising facilitator shall not be 
considered to target the dissemination of an ad-
vertisement, or to knowingly enable an adver-
tiser or third party to target the dissemination 
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of an advertisement, to an individual (or a con-
nected device associated with an individual) if 
the advertisement— 
(i) is disseminated based on informa-
tion— 
(I) that the individual is viewing 
or with which the individual is other-
wise engaging; or 
(II) for which the individual 
searched; and 
(ii) is displayed or otherwise dissemi-
nated in close proximity to information de-
scribed in clause (i). 
(B) PROHIBITION
ON
FURTHER
USE
OF 
INFORMATION RELATED TO THE DELIVERY OF 
CONTEXTUAL
ADVERTISEMENTS.—Information 
collected in connection with the dissemination 
of an advertisement as described in subpara-
graph (A) may not be used to target the dis-
semination of additional advertisements or to 
knowingly enable an advertiser or third party to 
target the dissemination of additional advertise-
ments. 
(b) EXCEPTION FOR TARGETING BASED ON RECOG-
NIZED PLACE.—For purposes of this section, the dissemi-
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nation of an advertisement shall not be considered to be 
targeted to an individual, connected device, or group of 
individuals or connected devices based on a recognized 
place associated with the individual, connected device, or 
group of individuals or connected devices. 
SEC. 3. ENFORCEMENT. 
(a) FEDERAL TRADE COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this Act or a regulation pro-
mulgated under this Act shall be treated as a viola-
tion of a rule defining an unfair or deceptive act or 
practice under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B) and paragraph (3)— 
(i) the Commission shall enforce this 
Act and the regulations promulgated under 
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; and 
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(ii) any person who violates this Act 
or a regulation promulgated under this Act 
shall be subject to the penalties and enti-
tled to the privileges and immunities pro-
vided in the Federal Trade Commission 
Act. 
(B) EXCLUSIVE LITIGATION AUTHORITY.— 
Notwithstanding section 16(a) of the Federal 
Trade Commission Act (15 U.S.C. 56(a)), the 
Commission shall have exclusive authority to 
commence or defend, and supervise the litiga-
tion of, any action for a violation of this Act or 
a regulation promulgated under this Act, and 
any appeal of such action, in its own name by 
any of its attorneys designated by it for such 
purpose, without first referring the matter to 
the Attorney General. 
(3) COMMON CARRIERS AND NONPROFIT ORGA-
NIZATIONS.—Notwithstanding section 4, 5(a)(2), or 
6 of the Federal Trade Commission Act (15 U.S.C. 
44; 45(a)(2); 46) or any jurisdictional limitation of 
the Commission, the Commission shall also enforce 
this Act and the regulations promulgated under this 
Act, in the same manner provided in paragraphs (1) 
and (2), with respect to— 
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(A) common carriers subject to the Com-
munications Act of 1934 (47 U.S.C. 151 et 
seq.) and all Acts amendatory thereof and sup-
plementary thereto; and 
(B) organizations not organized to carry 
on business for their own profit or that of their 
members. 
(4) RULEMAKING
AUTHORITY.—The Commis-
sion may promulgate, under section 553 of title 5, 
United States Code, any regulations necessary to 
implement this Act. 
(5) SAVINGS
CLAUSE.—Nothing in this Act 
shall be construed to limit the authority of the Com-
mission under any other provision of law. 
(b) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—In any case in which the at-
torney general of a State has reason to believe that 
an interest of the residents of the State has been or 
is threatened or adversely affected by an act or prac-
tice in violation of this Act or a regulation promul-
gated under this Act, the attorney general of the 
State may, as parens patriae, bring a civil action on 
behalf of the residents of the State in an appropriate 
district court of the United States or an appropriate 
State court to obtain appropriate relief. 
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(I) remove the civil action to the 
appropriate district court of the 
United States, if the action was not 
originally brought in such court; 
(II) be heard on all matters aris-
ing in the civil action; and 
(III) file petitions for appeal of a 
decision in the civil action. 
(C) INVESTIGATORY POWERS.—Nothing in 
this subsection may be construed to prevent the 
attorney general of a State from exercising the 
powers conferred on the attorney general by the 
laws of the State to conduct investigations, to 
administer oaths or affirmations, or to compel 
the attendance of witnesses or the production of 
documentary or other evidence. 
(3) ACTION BY THE COMMISSION.—If the Com-
mission institutes a civil action with respect to a vio-
lation of this Act or a regulation promulgated under 
this Act, the attorney general of a State may not, 
during the pendency of such action, bring a civil ac-
tion under paragraph (1) against any defendant 
named in the complaint of the Commission for the 
violation with respect to which the Commission insti-
tuted such action. 
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(4) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to civil ac-
tions brought by attorneys general under para-
graph (1), any other officer of a State who is 
authorized by the State to do so may bring a 
civil action under such paragraph, subject to 
the same requirements and limitations that 
apply under this subsection to civil actions 
brought by attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an at-
torney general or authorized official of a State 
from initiating or continuing any proceeding in 
a court of the State for a violation of any civil 
or criminal law of the State. 
(c) PRIVATE RIGHT OF ACTION.— 
(1) ENFORCEMENT BY INDIVIDUALS.— 
(A) IN GENERAL.—Any individual alleging 
a violation of this Act or a regulation promul-
gated under this Act may bring a civil action in 
any Federal or State court of competent juris-
diction. 
(B) RELIEF.—In a civil action brought 
under subparagraph (A) in which the plaintiff 
prevails, the court may award— 
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(i) an amount equal to— 
(I) in the case of a negligent vio-
lation, not less than $100 and not 
greater than $1,000 per violation; or 
(II) in the case of a reckless, 
knowing, willful, or intentional viola-
tion, not less than $500 and not 
greater than $5,000 per violation; 
(ii) reasonable attorney’s fees and liti-
gation costs; and 
(iii) any other relief, including equi-
table or declaratory relief, that the court 
determines appropriate. 
(C) INJURY IN FACT.—A violation of this 
Act or a regulation promulgated under this Act 
with respect to the personal information of an 
individual constitutes a concrete and particular-
ized injury in fact to that individual. 
(2) INVALIDITY OF PRE-DISPUTE ARBITRATION 
AGREEMENTS
AND
PRE-DISPUTE
JOINT-ACTION 
WAIVERS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, no pre-dispute arbitra-
tion agreement or pre-dispute joint-action waiv-
er shall be valid or enforceable. 
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(B) APPLICABILITY.—Any determination 
as to whether or how this paragraph applies to 
any dispute shall be made by a court, rather 
than an arbitrator, without regard to whether 
such agreement purports to delegate such deter-
mination to an arbitrator. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ADVERTISEMENT.—The term ‘‘advertise-
ment’’ means information provided by an advertiser 
to an advertising facilitator that the advertising 
facilitator, in exchange for monetary consideration 
or another thing of value, disseminates to an indi-
vidual, connected device, or group of individuals or 
connected devices. 
(2) ADVERTISER.— 
(A) IN GENERAL.—The term ‘‘advertiser’’ 
means a person to the extent such person, di-
rectly or indirectly, provides an advertising 
facilitator with monetary consideration or an-
other thing of value for the dissemination of an 
advertisement to an individual, connected de-
vice, or group of individuals or connected de-
vices. 
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(B) EXCLUSION.—The term ‘‘advertiser’’ 
does not include a natural person, except to the 
extent such person is engaged in a commercial 
activity that is more than de minimis. 
(3) ADVERTISING FACILITATOR.— 
(A) IN GENERAL.—The term ‘‘advertising 
facilitator’’ means a person to the extent such 
person— 
(i) receives monetary consideration or 
another thing of value to disseminate an 
advertisement to an individual, connected 
device, or group of individuals or connected 
devices; and 
(ii) collects or processes personal in-
formation with respect to the dissemina-
tion of the advertisement. 
(B) EXCLUSION.—The term ‘‘advertising 
facilitator’’ does not include a natural person, 
except to the extent such person is engaged in 
a commercial activity that is more than de 
minimis. 
(4) COLLECT.—The term ‘‘collect’’ means, with 
respect to personal information, to obtain such infor-
mation in any manner, except when solely transmit-
ting, routing, providing intermediate storage for, or 
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providing connections for such information through 
a system or network. 
(5) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(6) CONNECTED
DEVICE.—The term ‘‘con-
nected device’’ means any electronic equipment that 
is— 
(A) primarily designed for or marketed to 
consumers; 
(B) capable of connecting to the internet 
or another communication network; and 
(C) capable of sending, receiving, or proc-
essing personal information. 
(7) CONTENTS.—The term ‘‘contents’’, when 
used with respect to any communication, has the 
meaning given such term in section 2510 of title 18, 
United States Code. 
(8) DISPUTE.—The term ‘‘dispute’’ means any 
claim by an individual that a person has violated 
this Act or the regulations promulgated under this 
Act. 
(9) DISSEMINATE.—The term ‘‘disseminate’’ 
means, with respect to an advertisement, to trans-
mit, display, or otherwise disseminate the advertise-
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