Informing Consumers about Smart Devices Act

Bill Number: S. 28
Origin Chamber: Senate
Congress: 119th Congress, Session 1
Policy Area: Commerce
Status: Introduced
Latest Action: 2025-04-28: Placed on Senate Legislative Calendar under General Orders. Calendar No. 47.
Last Updated: 2026-03-24T11:03:18Z

AI-Generated Summary

Purpose

The "Informing Consumers about Smart Devices Act" (S. 28) aims to protect consumer privacy by requiring manufacturers to inform buyers about hidden cameras or microphones in certain internet-connected devices, helping people make informed purchasing decisions and avoid unintended surveillance risks.

Key Provisions

Disclosure Requirement: Manufacturers must clearly and noticeably tell consumers before purchase if a "covered device" includes a camera or microphone as a built-in part. This must be done in a way that's easy to understand, possibly using simple pictures or icons.
Enforcement by the Federal Trade Commission (FTC):
Violations are treated as unfair or deceptive business practices under existing FTC rules, allowing the FTC to investigate and penalize companies.
The FTC has the same powers as in other consumer protection cases, including fines and legal actions.
Within 180 days of the law's enactment, the FTC must provide guidance to manufacturers on how to comply, including best practices for clear disclosures and age-appropriate messaging. Manufacturers can request specific advice from the FTC.
FTC guidance is advisory only and does not create new legal rights or bind the agency in enforcement.
Definition of Covered Device:
Applies to consumer products (everyday items like household goods) that connect to the internet and include a camera or microphone.
Excludes obvious devices like smartphones, laptops, tablets, or anything marketed as a camera, phone, or microphone. Also excludes certain specialized communication tools regulated under telecommunications laws.
Effective Date: The law takes effect 180 days after the FTC issues its guidance, applying only to devices made after that date. It does not affect devices already manufactured, sold, or in use.

Significant Changes to Existing Law

This introduces a new federal mandate for pre-purchase disclosures on recording features in smart devices, building on the FTC's authority to regulate unfair or deceptive acts (under the Federal Trade Commission Act).
It expands consumer protection rules to the Internet of Things (IoT) market without creating a new agency, instead leveraging the FTC's existing enforcement tools.
No changes to telecommunications exemptions, preserving separate rules for phones and similar devices.

Potential Impacts

On Government Agencies: The FTC gains a clear role in overseeing compliance, issuing guidance, and handling enforcement, which may increase its workload but uses familiar processes. No direct impact on international relations.
On Citizens: Consumers benefit from greater transparency, reducing risks of privacy invasions from hidden recording in smart home gadgets (e.g., toys or appliances). It empowers informed choices without banning devices.
On Businesses: Manufacturers face new compliance costs for labels or packaging updates, but the law provides FTC guidance to ease implementation. Smaller companies might need extra support through tailored petitions.

Main Stakeholders Affected

Consumers: Primary beneficiaries, gaining awareness of potential privacy risks in everyday internet-connected products.
Manufacturers: Required to update product information for covered devices, including tech companies producing IoT items like smart speakers or security gadgets (excluding major exclusions like phones).
Federal Trade Commission: Tasked with enforcement, guidance, and responding to industry requests, acting as the main regulator.
Retailers: Indirectly affected, as they must ensure pre-purchase disclosures are visible in sales.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens FTC jurisdiction over deceptive marketing in emerging tech without overregulating, treating non-disclosure as a violation of existing unfair practice rules. Includes a "savings clause" to preserve other FTC powers.
Constitutional: Aligns with consumer protection under the Commerce Clause (regulating interstate trade), with no apparent free speech or privacy rights conflicts, as it focuses on factual disclosures rather than content restrictions.
Political: Promotes bipartisan privacy concerns in smart devices amid growing IoT adoption, potentially setting a precedent for future tech transparency laws without imposing heavy new burdens on industry.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Cruz, Ted [R-TX]

Cosponsors (3)

Sen. Cantwell, Maria [D-WA], Sen. Curtis, John R. [R-UT], Sen. Warnock, Raphael G. [D-GA]

Recent Actions

2025-04-28: Placed on Senate Legislative Calendar under General Orders. Calendar No. 47.
2025-04-28: Committee on Commerce, Science, and Transportation. Reported by Senator Cruz without amendment. With written report No. 119-13.
2025-04-28: Committee on Commerce, Science, and Transportation. Reported by Senator Cruz without amendment. With written report No. 119-13.
2025-03-12: Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.
2025-01-07: Read twice and referred to the Committee on Commerce, Science, and Transportation.
2025-01-07: Introduced in Senate

Bill Versions

Informing Consumers about Smart Devices Act — issued 2025-01-07 — PDF (5 pages)
Informing Consumers about Smart Devices Act — issued 2025-04-28 — PDF (6 pages)