Representative · R-ID
The bill shields businesses from wiretap/privacy litigation and clears pending claims over commercial digital data collection, but does so by stripping consumers and states of important legal remedies and oversight, reducing accountability for commercial surveillance.
Small businesses and tech companies can run common digital commerce features (cookies, analytics, chatbots, session replay) without facing state or federal wiretap or related privacy lawsuits.
Businesses avoid ongoing litigation costs and legal uncertainty by terminating pending civil or enforcement claims tied to commercial digital data collection.
Consumers and other individuals whose communications were recorded for commercial purposes lose the ability to sue under federal or state wiretap and related privacy laws, removing a key private enforcement remedy.
Consumers face increased risk of unauthorized or opaque collection and use of communications (cookies, session replay, chatbots) with fewer legal remedies available.
State governments and residents lose the ability to enforce stronger state privacy protections (e.g., California's Invasion of Privacy Act), reducing state-level consumer safeguards.
Based on analysis of 2 sections of legislative text.
Bars federal and state civil or enforcement claims about wiretapping/eavesdropping when data collection, processing, or disclosure was done for a defined "commercial purpose."
Official title: To clarify the applicability of certain Federal and State laws for conducting routine digital commerce, and for other purposes.
Introduced September 3, 2026 by Russell Fulcher · Last progress September 3, 2026
Prohibits civil or enforcement claims under federal or state law that arise from collection, processing, or disclosure of information or communications when those activities are done for a defined "commercial purpose." It also nullifies any pending claims or enforcement actions of that kind once the law takes effect. The bill defines "commercial purpose" and "digital commerce" broadly to include routine business operations by service providers and contractors, advertising and marketing, tools like cookies/pixels/session replay/chatbots/analytics, and any state-law definitions of commercial or business purpose where the activity occurs.