(B) RELIEF.—In a civil action brought 
under subparagraph (A) in which the plaintiff 
prevails, the court may award— 
(i) $100 to $750 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. 
(k) DEFINITIONS.—In this section: 
(1) COMMERCIAL DATA OPERATOR.—The term 
‘‘commercial data operator’’ means an entity acting 
in its capacity as a consumer online services provider 
or data broker that— 
(A) generates a material amount of rev-
enue from the use, collection, processing, sale, 
or sharing of data generated by a user; and 
(B) has more than 100,000,000 unique 
monthly visitors or users in the United States 
for a majority of months during the previous 1- 
year period. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) CONSENT.—The term ‘‘consent’’ means an 
affirmative act by an individual that clearly commu-
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nicates the informed authorization of the individual 
for an act or practice. 
(4) CORE
FUNCTION.—The term ‘‘core func-
tion’’ does not mean targeted advertising or mar-
keting. 
(5) COVERED DATA.—The term ‘‘covered data’’ 
means individually, identifiable information about a 
user collected online, including any of the following: 
(A) Location information that would iden-
tify the physical address of an individual. 
(B) Telephone number. 
(C) Email address. 
(D) Social security number or other 
unique, government-issued identifiers. 
(E) Nonpublic personal information (as de-
fined in section 509 of the Gramm-Leach-Bliley 
Act (15 U.S.C. 6809)). 
(F) Content of a personal wire communica-
tion, oral communication, or electronic commu-
nication such as email or direct messaging with 
respect to any entity that is not the intended 
recipient of the communication. 
(G) Call detail records. 
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(H) Web browsing history, application 
usage history, and the functional equivalent of 
either that is not aggregated data. 
(I) Biometric data and information, such 
as facial and voice recognition data. 
(6) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means a commercial data broker or large on-
line operator that collects covered data from a user 
through an online platform. 
(7) DATA BROKER.—The term ‘‘data broker’’ 
means a covered entity whose principal source of 
revenue is derived from processing or transferring 
the covered data of individuals with whom the entity 
does not have a direct relationship on behalf of a 
third party for use by the third party. 
(8) DE-IDENTIFY.—The term ‘‘de-identify’’ 
means to separate information from the user or IP 
address the information is associated with. 
(9) DELETE.—The term ‘‘delete’’ means to re-
move or destroy information so that the information 
is not maintained in human or machine-readable 
form and cannot be retrieved or used in such form 
in the normal course of business. 
(10) LARGE
ONLINE
OPERATOR.—The term 
‘‘large online operator’’ means any person that— 
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(A) provides an online service; and 
(B) has more than 100,000,000 authenti-
cated users of an online service in any 30-day 
period. 
(11) MONETIZATION.—The term ‘‘monetiza-
tion’’ means the process of collecting, using, and 
storing data solely for economic benefit. 
(12) USER.—The term ‘‘user’’ means an indi-
vidual residing in the United States who uses a 
website that collects data and information from the 
user. 
Æ 
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