I 
119TH CONGRESS 
1ST SESSION H. R. 2019 
To require covered entities to issue a short-form terms of service summary 
statement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2025 
Mrs. TRAHAN introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To require covered entities to issue a short-form terms of 
service summary statement, 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 ‘‘Terms-of-service La-
beling, Design, and Readability Act’’ or the ‘‘TLDR Act’’. 
SEC. 2. STANDARD TERMS OF SERVICE SUMMARY STATE-
MENT. 
(a) DEADLINE FOR TERMS OF SERVICE SUMMARY 
STATEMENT.—Not later than 360 days after the date of 
the enactment of this Act, the Commission shall issue a 
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rule in accordance with section 553 of title 5, United 
States Code, with regard to a covered entity that publishes 
or has published a terms of service— 
(1) that requires the covered entity to include 
a truthful and non-misleading short-form terms of 
service summary statement on the website of the en-
tity; 
(2) that requires the covered entity to include 
a truthful and non-misleading graphic data flow dia-
gram on the website of the entity; and 
(3) that requires the covered entity to display 
the full terms of service of the entity in an inter-
active data format. 
(b) NO NEW CONTRACTUAL OBLIGATION.—The re-
quirement to include a summary statement described in 
subsection (a)(1) does not create any new contractual obli-
gation. 
(c) REQUIREMENTS FOR SHORT-FORM TERMS OF 
SERVICE SUMMARY STATEMENT.— 
(1) IN
GENERAL.—The short-form terms of 
service summary statement described in subsection 
(a)(1)— 
(A) shall be accessible to individuals with 
low levels of literacy and individuals with dis-
abilities, be machine readable, and include ta-
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bles, graphic icons, hyperlinks, or other means 
as the Commission may require; and 
(B) may be presented differently depend-
ing on the interface or type of device on which 
the statement is being accessed by the user. 
(2) LOCATION OF SUMMARY STATEMENT AND 
GRAPHIC
DATA
FLOW
DIAGRAM.—The summary 
statement described in subsection (a)(1) shall be 
placed at the top of the permanent terms of service 
page of the covered entity, and the graphic data flow 
diagram described in subsection (a)(2) shall be lo-
cated immediately below such summary statement. 
(3) CONTENTS OF SUMMARY STATEMENT.—The 
summary statement described in subsection (a)(1) 
shall include the following: 
(A) The categories of sensitive information 
that the covered entity processes. 
(B) The sensitive information that is re-
quired for the basic functioning of the service 
and what sensitive information is needed for ad-
ditional features and future feature develop-
ment. 
(C) A summary of the legal liabilities of a 
user and any rights transferred from the user 
to the covered entity, such as mandatory arbi-
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tration, class action waiver, any licensing or 
sale by the covered entity of the content of the 
user, and any waiver of moral rights. 
(D) Historical versions of the terms of 
service and change logs. 
(E) If the covered entity provides user de-
letion services, directions for how the user can 
delete sensitive information or discontinue the 
use of sensitive information. 
(F) A list of data breaches from the pre-
vious 3 years reported to consumers under ex-
isting Federal and State laws. 
(G) The effort required by a user to read 
the entire terms of service text, such as through 
the total word count and approximate time to 
read the statement. 
(H) Any other information the Commission 
determines to be necessary if that information 
is included in the terms of service by the cov-
ered entity. 
(4) ADDITIONAL INFORMATION REQUIRED BY 
THE COMMISSION.—In the rule issued under sub-
section (a), the Commission shall include a list of 
other information the Commission determines to be 
necessary under paragraph (3)(H). 
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(d) GUIDANCE
ON
GRAPHIC
DATA
FLOW
DIA-
GRAMS.—Not later than 360 days after the date of the 
enactment of this Act, the Commission shall publish guide-
lines on how a covered entity can graphically display how 
the sensitive information of a user is shared with a sub-
sidiary or corporate affiliate of such entity and how such 
sensitive information is shared with third parties. 
(e) INTERACTIVE DATA FORMAT TERMS OF SERV-
ICE.—Not later than 360 days after the date of the enact-
ment of this Act, the Commission shall issue a rule in ac-
cordance with section 553 of title 5, United States Code, 
that requires a covered entity to tag portions of the terms 
of services of the entity according to an interactive data 
format. 
(f) ENFORCEMENT.— 
(1) ENFORCEMENT BY THE COMMISSION.— 
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
TICES.—A violation of this Act or a regulation 
promulgated under this Act shall be treated as 
a violation of a rule defining an unfair or de-
ceptive 
act 
or 
practice 
under 
section 
18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57a(a)(1)(B)). 
(B) POWERS OF THE COMMISSION.— 
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(i) IN
GENERAL.—The Commission 
shall enforce this section and the regula-
tions promulgated under this section in the 
same manner, by the same means, and 
with the same jurisdiction, powers, and du-
ties as though all applicable terms and pro-
visions of the Federal Trade Commission 
Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this sec-
tion. 
(ii) PRIVILEGES AND IMMUNITIES.— 
Any person who violates this section or a 
regulation promulgated under this section 
shall be subject to the penalties and enti-
tled to the privileges and immunities pro-
vided in the Federal Trade Commission 
Act. 
(iii) 
AUTHORITY
PERSEVERED.— 
Nothing in this section shall be construed 
to limit the authority of the Commission 
under any other provision of law. 
(2) ENFORCEMENT BY STATES.— 
(A) IN GENERAL.—In any case in which 
the attorney general of a State has reason to 
believe that an interest of at least 1,000 resi-
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dents of that State has been or is threatened or 
adversely affected by the engagement of any 
person in a practice that violates this section or 
a regulation promulgated under this section, the 
attorney general of the State, as parens patriae, 
may bring a civil action on behalf of the resi-
dents of the State in a district court of the 
United States of appropriate jurisdiction— 
(i) to enjoin that practice; 
(ii) to enforce compliance with this 
section; 
(iii) to obtain damages, restitution, or 
other compensation on behalf of such resi-
dents; and 
(iv) to obtain such other relief as the 
court may consider to be appropriate. 
(B) RIGHTS OF THE COMMISSION.— 
(i) NOTICE TO THE COMMISSION.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (III), the attorney 
general of a State shall notify the 
Commission in writing that the attor-
ney general intends to bring a civil ac-
tion under subparagraph (A) before 
initiating the civil action. 
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(II) CONTENTS.—The notifica-
tion required by subclause (I) with re-
spect to a civil action shall include a 
copy of the complaint to be filed to 
initiate the civil action. 
(III) EXEMPTION.—If it is not 
feasible for the attorney general of a 
State to provide the notification re-
quired by subclause (I) before initi-
ating a civil action under subpara-
graph (A), the attorney general shall 
notify the Commission immediately 
upon instituting the civil action. 
(ii) INTERVENTION BY THE COMMIS-
SION.—The Commission may— 
(I) intervene in any civil action 
brought by the attorney general of a 
State under subparagraph (A); and 
(II) upon intervening— 
(aa) be heard on all matters 
arising in the civil action; and 
(bb) file petitions for appeal. 
(C) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph may be construed to prevent an at-
torney general of a State from exercising the 
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powers conferred on the attorney general by the 
laws of that State to— 
(i) conduct investigations; 
(ii) administer oaths or affirmations; 
or 
(iii) compel the attendance of wit-
nesses or the production of documentary 
and other evidence. 
(D) ACTIONS
BY
THE
COMMISSION.—In 
any case in which an action is instituted by or 
on behalf of the Commission for a violation of 
this section or a regulation promulgated under 
this section, a State may not, during the pend-
ency of that action, institute a separate action 
under subparagraph (A) against any defendant 
named in the complaint in the action instituted 
by or on behalf of the Commission for that vio-
lation. 
(E) VENUE; SERVICE OF PROCESS.— 
(i) 
VENUE.—Any 
action 
brought 
under subparagraph (A) may be brought 
in— 
(I) the district court of the 
United States that meets applicable 
requirements relating to venue under 
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section 1391 of title 28, United States 
Code; or 
(II) another court of competent 
jurisdiction. 
(ii) SERVICE OF PROCESS.—In an ac-
tion brought under paragraph (1), process 
may be served in any district in which the 
defendant— 
(I) is an inhabitant; or 
(II) may be found. 
(g) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’— 
(A) means any person that operates a 
website located on the internet or an online 
service that is operated for commercial pur-
poses; and 
(B) does not include a small business con-
cern (as defined in section 3 of the Small Busi-
ness Act (15 U.S.C. 632)). 
(3) DISABILITY.—The term ‘‘disability’’ has the 
meaning given the term in section 3 of the Ameri-
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cans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
(4) INTERACTIVE
DATA
FORMAT.—The term 
‘‘interactive data format’’ means an electronic data 
format in which pieces of information are identified 
using an interactive data standard, such as eXten-
sible Markup Language (commonly known as 
‘‘XML’’), that is a standardized list of electronic 
tags that mark the information described in sub-
section (c)(3) within the terms of service of a cov-
ered entity. 
(5) MORAL RIGHTS.—The term ‘‘moral rights’’ 
means the rights conferred by section 106A(a) of 
title 17, United States Code. 
(6) PROCESS.—The term ‘‘process’’ means any 
operation or set of operations performed on sensitive 
information, including collection, analysis, organiza-
tion, structuring, retaining, using, or otherwise han-
dling sensitive information. 
(7) SENSITIVE INFORMATION.—The term ‘‘sen-
sitive information’’ means any of the following: 
(A) Health information. 
(B) Biometric information. 
(C) Precise geolocation information. 
(D) Social security number. 
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(E) Information concerning the race, color, 
religion, national origin, sex, age, or disability 
of an individual. 
(F) The content and parties to a commu-
nication. 
(G) Audio and video recordings captured 
through a consumer device. 
(H) Financial information, including a 
bank account number, credit card number, 
debit card number, or insurance policy number. 
(I) Online browsing history, which means 
information revealing online activities over time 
or across websites or online services not owned 
or operated by the covered entity. 
(8) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each Federally recognized Indian Tribe. 
(9) THIRD
PARTY.—The term ‘‘third party’’ 
means, with respect to a covered entity, a person— 
(A) to which the covered entity disclosed 
sensitive information; and 
(B) that is not— 
(i) the covered entity; 
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(ii) a subsidiary or corporate affiliate 
of the covered entity; or 
(iii) a service provider of the covered 
entity. 
Æ 
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