The Banning Surveillance Advertising Act of 2023 would prohibit companies that sell ads and advertising platforms from using personal data to target advertisements to specific individuals or groups. The bill allows only "contextual advertising," where ads are shown based on what someone is currently viewing or searching for, without collecting that information for future targeting purposes. The law would apply to advertisers, advertising platforms, and related companies, with limited exceptions for location-based advertising at the state or regional level.
The Federal Trade Commission would enforce the law and has authority to issue regulations and pursue violations. Additionally, state attorneys general and individuals themselves could sue companies for violations, with penalties ranging from $100 to $1,000 per negligent violation or $500 to $5,000 per reckless or intentional violation, plus attorney's fees. The bill also invalidates agreements that would force consumers into arbitration or prevent them from joining class-action lawsuits related to violations.
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