Sponsors (2)
The bill increases legal accountability and potential safety for people harmed by recommendation algorithms but raises litigation risk, costs, and uncertainty that may prompt platforms to reduce services, personalization, or innovation.
Users (including children) can sue platforms for compensatory and punitive damages when a platform's recommendation algorithm foreseeably causes bodily injury or death.
Platform users — especially children — may experience safer platforms because companies would be required to exercise reasonable care in designing and testing recommendation algorithms to prevent foreseeable physical harms.
Small platforms with under 1,000,000 users are exempted, reducing compliance burdens for startups and niche services.
Platform operators face higher litigation risk and liability costs for algorithm-related harms, costs that could be passed to users through higher prices or reduced free services.
Platforms may restrict features, reduce personalization, or over-remove content to limit liability, degrading user experience and content discovery and chilling innovation and online expression.
Excluding arbitration and class-action waivers will likely increase litigation volume and discovery costs for platforms and third parties, raising compliance and legal costs.
Based on analysis of 2 sections of legislative text.
Introduced November 21, 2025 by Mike Kennedy · Last progress November 21, 2025
Creates a legal duty of care for providers of social media "recommendation-based" algorithms to exercise reasonable care in design, training, testing, deployment, operation, and maintenance to prevent reasonably foreseeable bodily injury or death. It removes Section 230 immunity for providers who violate that duty, establishes a private right of action for injured persons (or representatives for minors/deceased) with compensatory and punitive damages, and voids predispute arbitration and class-action waivers for these disputes. The measure defines covered platforms and algorithms, excludes smaller services (fewer than 1,000,000 users) and certain enterprise/teleconference services, preserves First Amendment limits, and leaves state or federal laws that are at least as protective intact.