I 
113TH CONGRESS 
2D SESSION 
H. R. 5499 
To prohibit contracts that prohibit consumers from making certain public 
comments on businesses. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 16, 2014 
Mr. SWALWELL of California (for himself, Mr. SHERMAN, Mr. COHEN, and 
Mr. CA´RDENAS) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To prohibit contracts that prohibit consumers from making 
certain public comments on businesses. 
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 ‘‘Consumer Review 
Freedom Act of 2014’’. 
SEC. 2. PROTECTING CONSUMER SPEECH. 
(a) PROHIBITION.—A provision of a form contract is 
void from the inception of such contract if said provision— 
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(1) prohibits or restricts the ability of a person 
who is a party to the form contract to engage in a 
covered communication; 
(2) imposes a penalty or fee against a person 
who is a party to the form contract for engaging in 
a covered communication; or 
(3) assigns or provides an exclusive license, or 
requires a person who is a party to the form con-
tract to assign or provide an exclusive license, to any 
business, other person, or entity any intellectual 
property rights that such party to the form contract 
has or may have in a covered communication. 
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
section (a) shall be construed to affect— 
(1) any duty of confidentiality imposed by law 
(including agency guidance); or 
(2) any civil action for defamation, libel, or 
slander, or any similar cause of action. 
(c) EXCEPTIONS.—Subsection (a) shall not apply to 
the extent that a provision of a form contract prohibits 
disclosure of the following: 
(1) Trade secrets or commercial or financial in-
formation obtained from a person and privileged or 
confidential. 
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(2) Personnel and medical files and similar files 
the disclosure of which would constitute a clearly un-
warranted invasion of personal privacy. 
(3) Records or information compiled for law en-
forcement purposes, the disclosure of which would 
constitute a clearly unwarranted invasion of personal 
privacy. 
(d) UNLAWFUL CONDUCT.—It shall be unlawful for 
a business to offer or enter into a form contract containing 
a provision described as void in subsection (a). 
(e) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (d) shall be treat-
ed as a 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 decep-
tive acts or practices. 
(2) POWERS
OF
COMMISSION.—The Federal 
Trade Commission shall enforce this section 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 incor-
porated into and made a part of this Act. Any per-
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son who violates this section or a regulation promul-
gated under this section shall be subject to the pen-
alties and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act. 
(f) STATE ENFORCEMENT.—The attorney general of 
a State may file an action to enforce subsection (d) seek-
ing appropriate relief. In any case in which the attorney 
general of a State has reason to believe that an interest 
of the residents of that State has been or is threatened 
or adversely affected by the engagement of any person in 
a practice that violates any regulation of the Commission 
prescribed under this section, the State, as parens patriae, 
may bring a civil action on behalf of the residents of the 
State in a district court of the United States of appro-
priate jurisdiction to seek appropriate relief. 
(g) DEFINITIONS.— 
(1) The term ‘‘person’’ means a natural person. 
(2) The term ‘‘business’’ means a legal entity 
organized to accomplish a business purpose, includ-
ing either for-profit or not-for-profit. 
(3) The term ‘‘form contract’’ means a stand-
ardized contract used by a business and imposed on 
a party without a meaningful opportunity for said 
party to negotiate the standardized terms, but does 
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not include a contract establishing an employer-em-
ployee or independent contractor relationship. 
(4) The term ‘‘covered communication’’ means 
a person’s written, verbal, or pictorial review, per-
formance assessment of, or other similar analysis of, 
the products, services, or conduct of a business 
which is a party to the form contract. 
(5) The term ‘‘written’’ includes words provided 
by electronic means. 
(6) The term ‘‘verbal’’ includes speech provided 
by electronic means. 
(7) The term ‘‘pictorial’’ includes pictures, pho-
tographs, and video provided by electronic means. 
(h) EFFECTIVE DATES.— 
(1) Subsections (a), (b), (c), (d), and (g) shall 
apply to any contracts in effect on or after date of 
enactment. 
(2) Subsections (e) and (f) shall apply to any 
contracts in effect on or after one year after date of 
enactment. 
SEC. 3. RELATION TO STATE CAUSES OF ACTION. 
Nothing in this Act shall be construed to affect any 
cause of action brought by a person that exists or may 
exist under State law. 
Æ 
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