I 
113TH CONGRESS 
1ST SESSION H. R. 2487 
To direct the Federal Trade Commission to promulgate rules requiring an 
Internet merchant to disclose the use of personal information in estab-
lishing or changing a price, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2013 
Mrs. DAVIS of California (for herself and Ms. SCHAKOWSKY) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To direct the Federal Trade Commission to promulgate rules 
requiring an Internet merchant to disclose the use of 
personal information in establishing or changing a price, 
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 ‘‘Ensuring Shoppers 
Honest Online Pricing Act of 2013’’ or the ‘‘E–SHOP 
Act’’. 
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SEC. 2. DISCLOSURE REQUIREMENT FOR INTERNET MER-
CHANTS. 
(a) RULEMAKING.—The Federal Trade Commission 
shall, not later than 180 days after the date of enactment 
of this Act, promulgate rules under section 553 of title 
5, United States Code, requiring an Internet merchant to 
disclose to each consumer, prior to the final purchase of 
any good or service, the use of personal information in 
establishing or changing a price. 
(b) CONTENT.—The rules promulgated by the Com-
mission under subsection (a) shall— 
(1) require, at a minimum, an Internet mer-
chant to clearly and prominently disclose to a con-
sumer prior to the final purchase of a good or serv-
ice the use of personal information in establishing or 
changing a price; and 
(2) provide an Internet merchant procedures 
for complying with the requirement under paragraph 
(1). 
(c) EXCEPTIONS.—The Commission shall provide for 
specific exceptions to the rules promulgated under sub-
section (a) when a consumer should reasonably expect the 
price to be altered based on the personal information of 
such consumer, including but not limited to for the cal-
culation of a shipping charge and for a financial service 
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for which personal information is customarily used to for-
mulate a price. 
(d) INTERNET MERCHANTS SUBJECT TO DISCLO-
SURE REQUIREMENT.—The rules promulgated under sub-
section (a) shall only apply to an Internet merchant that 
has a total annual gross revenue of more than $1,000,000, 
and such amount shall be indexed for inflation every 5 
years by the Commission to reflect the change in the Con-
sumer Price Index for All Urban Consumers published by 
the Bureau of Labor Statistics of the Department of 
Labor. 
(e) ENFORCEMENT.—A violation of a rule promul-
gated under subsection (a) shall be treated as a violation 
of a rule defining an unfair or deceptive act or practice 
prescribed under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commis-
sion shall enforce 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. 
(f) SAVINGS PROVISION.—No provision of this Act 
shall be construed as limiting or superseding any authority 
of the Federal Trade Commission under the Federal 
Trade Commission Act or any other law. 
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(g) DEFINITIONS.—In this Act: 
(1) INTERNET.—The term ‘‘Internet’’ has the 
meaning given the term in section 1101 of the Inter-
net Tax Freedom Act (47 U.S.C. 151 note). 
(2) INTERNET MERCHANT.—The term ‘‘Inter-
net merchant’’ means a person that sells or offers to 
sell a good or service by way of an Internet trans-
action. 
(3) INTERNET PROTOCOL ADDRESS.—The term 
‘‘Internet Protocol address’’ means the numerical 
label assigned to a particular computer or other de-
vice that accesses the Internet. 
(4) PERSONAL INFORMATION.—The term ‘‘per-
sonal information’’ includes an individual’s Internet 
browsing history, device type and manufacturer, op-
erating system, and Internet Protocol address. 
Æ 
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