H.R. 859: Informing Consumers about Smart Devices Act

This bill, known as the Informing Consumers about Smart Devices Act, seeks to enhance consumer awareness regarding internet-connected devices that contain cameras or microphones. Here is a summary of its main provisions:

Disclosure Requirements

Manufacturers of specific internet-connected devices, referred to as "covered devices," are required to clearly inform potential buyers whether their products have an integrated camera or microphone. This disclosure must be made prior to the purchase of the device, ensuring that consumers can make informed decisions.

Enforcement by the Federal Trade Commission (FTC)

The bill empowers the FTC to enforce these disclosure requirements as if they were rules under the existing Federal Trade Commission Act. This means:

• Violations of the disclosure requirement are treated as unfair or deceptive acts.
• The FTC can impose penalties on manufacturers who fail to comply.
• The FTC will provide guidance to help manufacturers understand and meet these requirements.

Commission Guidance

Within 180 days of the bill's enactment, the FTC is obligated to issue guidelines aimed at helping manufacturers ensure that disclosures are clear, conspicuous, and age-appropriate. Manufacturers can also seek tailored guidance on compliance with the law.

Definition of Covered Devices

A "covered device" is defined as a consumer product that can connect to the internet and includes a camera or microphone. Notably, this definition excludes:

• Devices that consumers generally expect to have a camera or microphone (e.g., mobile phones and laptops).
• Products specifically marketed as cameras, telecommunications devices, or microphones.
• Any apparatus outlined under specific sections of the Communications Act of 1934.

Effective Date

The provisions of this act will take effect 180 days after the FTC issues guidance. It will only apply to devices manufactured after this period, not to those produced or sold before.

Relevant Companies

None found.