No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6292 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6292
To prohibit data brokers from collecting, using, or maintaining the
personal data of certain minors, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 25, 2025
Mr. Pallone introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit data brokers from collecting, using, or maintaining the
personal data of certain minors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Don't Sell Kids' Data Act of 2025''.
SEC. 2. PROHIBITION ON DATA BROKERS WITH RESPECT TO THE PERSONAL DATA
OF CERTAIN MINORS.
(a) Prohibition.--
(1) In general.--An entity acting as a data broker may not
carry out the following:
(A) Collect, use, or maintain any personal data of
an individual the data broker knows is a child or teen.
(B) Sell, license, rent, trade, transfer, release,
disclose, provide access to, or otherwise make
available any personal data of an individual the data
broker knows is a child or teen.
(2) Exception.--An entity acting as a data broker may
collect, use, or maintain only such personal data of an
individual that the data broker knows is a child or teen that
is necessary to ensure compliance with paragraph (1)(A) or
subsection (b) and shall not collect, use, or maintain such
personal data for any other purpose than for such compliance.
(b) Deletion of Personal Data.--
(1) In general.--An entity acting as a data broker shall--
(A) delete any personal data of an individual the
data broker knows is a child or teen that the data
broker maintained; and
(B) establish a mechanism for any of the following
individuals to submit a request to the data broker to
delete any such personal data:
(i) Teen.
(ii) The parent or legal guardian of a
child.
(iii) An agent acting at the request of a
teen or the parent or legal guardian of a
child.
(2) Process.--Not later than 10 days after the date on
which a teen, the parent or legal guardian of a child, or an
agent acting at the request of a teen or the parent or legal
guardian of a child submits a request pursuant to the mechanism
established pursuant to paragraph (1)(B), the data broker shall
carry out the following responsibilities:
(A) Identify any personal data of the child or teen
that the data broker collected, used, or maintained.
(B) Delete any personal data identified under
subparagraph (A).
(C) Notify the individual who submitted the request
of the deletion under subparagraph (B) upon completion.
(3) Notice.--A data broker shall make publicly available
(such as on a website of the data broker), in a clear and
conspicuous manner, information written in plain language and
relating to the following:
(A) The mechanism established by the data broker
under paragraph (1)(B).
(B) The responsibilities of the data broker under
paragraph (2).
(c) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act shall be treated as a violation of a rule defining an
unfair or deceptive act or practice under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission 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.
(B) Privileges and immunities.--Any entity who
violates this Act shall be subject to the penalties and
entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Authority preserved.--Nothing in this Act may
be construed to limit the authority of the Commission
under any other provision of law.
(d) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of such State has
been or is threatened or adversely affected by an act or
practice in violation of this Act, the State, as parens
patriae, may bring a civil action on behalf of the residents of
the State in an appropriate district court of the United States
to--
(A) enjoin such act or practice;
(B) enforce compliance with such subsection;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Commission a written notice of such action
and a copy of the complaint for such action. If the attorney
general, official, or agency determines that it is not feasible
to provide the notice described in this paragraph before the
filing of the action, the attorney general, official, or agency
shall provide written notice of the action and a copy of the
complaint to the Commission immediately upon the filing of the
action.
(3) Authority of commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
Commission shall have the right--
(i) to intervene in the action; and
(ii) upon so intervening--
(I) to be heard on all matters
arising therein; and
(II) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Commission or the Attorney General
of the United States has instituted a civil action for
violation of this Act (referred to in this subparagraph
as the ``Federal action''), no State attorney general,
official, or agency may bring an action under this
subsection during the pendency of the Federal action
against any defendant named in the complaint in the
Federal action for any violation of such subsection
alleged in such complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
(5) Savings provision.--Nothing in this subsection may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the State
for a violation of any civil or criminal law of the State.
(e) Enforcement by Persons.--
(1) Civil action.--
(A) In general.--An individual may bring a civil
action against a data broker for a violation of this
Act related to the personal data of that individual in
an appropriate Federal district court of the United
States.
(B) Injury in fact.--A violation of this Act
related to the personal data of an individual
constitutes a concrete and particularized injury in
fact for that individual.
(2) Relief.--
(A) In general.--In a civil action brought under
paragraph (1) in which the plaintiff prevails, the
court may award the plaintiff--
(i) an amount equal to the sum of any
actual damages, but not less than $1,000 for
each violation of this Act;
(ii) injunctive relief;
(iii) declaratory relief; and
(iv) reasonable attorney fees and
litigation costs.
(B) Willful violations.--If the court finds that
the defendant willfully or knowingly violated this Act,
the court may, in its discretion, increase the amount
of the award to an amount equal to not more than 3
times the amount available under subparagraph (A) of
this paragraph.
(3) Costs and attorney's fees.--The court shall award to a
prevailing plaintiff in an action under this subsection the
costs of such action and reasonable attorney's fees, as
determined by the court.
(4) Waiver of rights and remedies.--The rights and remedies
provided by this subsection may not be waived by any terms of
service, including by a predispute arbitration agreement.
(5) Nonexclusive remedy.--The remedy provided by this
subsection shall be in addition to any other remedy available
to the person.
(f) Effective Date.--This Act shall take effect on the date that is
180 days after the date of the enactment of this Act.
(g) Definitions.--In this section:
(1) Child.--The term ``child'' means an individual under
the age of 13 years.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Data broker.--
(A) In general.--The term ``data broker'' means an
entity that, for valuable consideration, sells,
licenses, rents, trades, transfers, releases,
discloses, provides access to, or otherwise makes
available to another entity personal data of an
individual that the entity did not collect directly
from such individual.
(B) Exception.--The term ``data broker'' does not
include an entity to the extent the entity--
(i) acts as a service provider;
(ii) provides, maintains, or offers a
product or service with respect to which
personal data, or access to such data, is not
the product or service;
(iii) transmits personal data of an
individual, including any communication of such
individual, at the request or direction of such
individual; or
(iv) reports or publishes news or
information that concerns local, national, or
international events or other matters of public
interest.
(4) Knows.--The term ``knows'' means to have actual
knowledge or knowledge fairly implied on the basis of objective
circumstances.
(5) Personal data.--The term ``personal data''--
(A) means information that identifies or is linked
or reasonably linkable, alone or in combination with
other information, to an individual or a device that
identifies is linked or reasonably linkable to an
individual; and
(B) includes derived data and unique persistent
identifiers.
(6) Service provider.--The term ``service provider'' means
an entity that collects, processes, or transfers personal data
on behalf of, and at the direction of--
(A) the individual to whom such information
pertains;
(B) the parent or legal guardian of the individual
to whom such information pertains;
(C) a Federal, State, or local government entity;
or
(D) another entity acting at the direction of an
individual or entity described in subparagraph (A),
(B), or (C).
(7) State.--The term ``State'' means each State of the
United States, the District of Columbia, each territory or
possession of the United States, and each federally recognized
Indian Tribe.
(8) Teen.--The term ``teen'' means an individual who has
attained age 13 years and is under the age of 18 years.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee in the Nature of a Substitute (Amended) by Voice Vote.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line