This bill, the Safeguarding Consumers from Advertising Misconduct Act, prohibits online platforms from displaying fraudulent or deceptive commercial advertisements if they accepted payment and failed to take reasonable preventative steps. It addresses the significant consumer financial losses attributed to online fraud by mandating platforms implement robust procedures. These include verifying advertiser identity through legal name, physical location, and government-issued identification, and establishing active impersonation detection and mitigation programs . Platforms must also utilize automated and manual fraud detection systems and provide a clear user tool for reporting suspicious advertisements. Upon detection or report, platforms must investigate within 72 hours and remove violating ads within 24 hours of determination, with a presumption of compliance available for those with FTC-approved detection programs. The legislation grants enforcement authority to the Federal Trade Commission and State Attorneys General, allowing for civil actions, injunctions, and damages. Crucially, it specifies that Section 230(c)(1) of the Communications Act of 1934 shall not apply to violations of this Act, thereby removing immunity for platforms displaying paid fraudulent advertisements. Additionally, a private right of action is established, enabling injured individuals to seek injunctive relief and actual damages, with potential for treble damages in cases of willful misconduct.
This bill, the Safeguarding Consumers from Advertising Misconduct Act, prohibits online platforms from displaying fraudulent or deceptive commercial advertisements if they accepted payment and failed to take reasonable preventative steps. It addresses the significant consumer financial losses attributed to online fraud by mandating platforms implement robust procedures. These include verifying advertiser identity through legal name, physical location, and government-issued identification, and establishing active impersonation detection and mitigation programs . Platforms must also utilize automated and manual fraud detection systems and provide a clear user tool for reporting suspicious advertisements. Upon detection or report, platforms must investigate within 72 hours and remove violating ads within 24 hours of determination, with a presumption of compliance available for those with FTC-approved detection programs. The legislation grants enforcement authority to the Federal Trade Commission and State Attorneys General, allowing for civil actions, injunctions, and damages. Crucially, it specifies that Section 230(c)(1) of the Communications Act of 1934 shall not apply to violations of this Act, thereby removing immunity for platforms displaying paid fraudulent advertisements. Additionally, a private right of action is established, enabling injured individuals to seek injunctive relief and actual damages, with potential for treble damages in cases of willful misconduct.