Bill Summary
The "Stopping Grinch Bots Act of 2025" seeks to combat the practice of using automated software, commonly known as "bots," to circumvent online purchasing controls established by internet retailers. These controls are designed to ensure fair consumer access to products, particularly during high-demand sales events.
Key provisions of the legislation include:
1. **Prohibition of Circumvention**: It will be illegal for any individual or entity to bypass security measures, access control systems, or other technological barriers put in place by online retailers to enforce purchasing limits or manage inventory.
2. **Sale of Illegally Obtained Products**: The act makes it unlawful to sell or offer for sale any products acquired through such circumvention if the seller was involved in the violation or was aware that the product was obtained illegally.
3. **Exceptions**: The legislation allows for the creation and use of software aimed at investigating violations or conducting research into security vulnerabilities, provided these activities are intended to enhance computer system security.
4. **Enforcement**: The Federal Trade Commission (FTC) will be responsible for enforcing this law, treating violations as unfair or deceptive acts under existing laws. State attorneys general can also bring civil actions against violators on behalf of residents in their states.
5. **Legal Process**: The bill outlines procedures for state enforcement, including notification requirements to the FTC and the ability for state officials to pursue legal remedies for affected residents.
Overall, this legislation aims to protect consumers by ensuring that everyone has a fair chance to access products online, particularly during times of high demand, while also providing avenues for enforcement and accountability.
Possible Impacts
The "Stopping Grinch Bots Act of 2025" could affect people in several ways, including:
1. **Improved Consumer Access to Products**: By prohibiting the circumvention of online purchasing limits and inventory management systems, the Act aims to ensure that consumers have equitable access to products. This could lead to a more fair shopping experience, especially during high-demand situations like product launches or sales events, where "bots" have previously allowed a small number of individuals to buy up stock and resell it at inflated prices.
2. **Enhanced Enforcement Against Unfair Practices**: The Act empowers the Federal Trade Commission (FTC) and state attorneys general to take action against individuals or companies that violate the provisions. This enforcement mechanism could deter bad actors from using automated bots to unfairly manipulate the market, thereby protecting consumers from exploitative practices and promoting a healthier competitive environment in the online marketplace.
3. **Potential Legal Consequences for Violators**: Individuals or companies found in violation of this Act could face civil actions, damages, and other penalties. This could lead to significant repercussions for those who engage in deceptive practices, creating a more cautious approach among retailers and software developers in how they operate online, which may ultimately lead to broader compliance with consumer protection laws and regulations.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3516 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3516
To prohibit the circumvention of control measures used by internet
retailers to ensure equitable consumer access to products, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2025
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To prohibit the circumvention of control measures used by internet
retailers to ensure equitable consumer access to products, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Grinch Bots Act of 2025''.
SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES RELATING TO CIRCUMVENTION
OF ONLINE ACCESS CONTROL MEASURES.
(a) Conduct Prohibited.--
(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person--
(A) to circumvent a security measure, access
control system, or other technological control or
measure on an internet website or online service to
enforce posted purchasing limits or to manage
inventory; or
(B) to sell or offer to sell any product or service
in interstate commerce obtained in violation of
subparagraph (A) if the person selling or offering to
sell the product or service--
(i) participated directly in or had the
ability to control the conduct in violation of
subparagraph (A); or
(ii) knew or should have known that the
product or service was acquired in violation of
subparagraph (A).
(2) Exception.--It shall not be unlawful under this section
for a person to create or use any computer software or system--
(A) to investigate, or further the enforcement or
defense, of any alleged violation of this section or
other statute or regulation; or
(B) to engage in research necessary to identify and
analyze flaws and vulnerabilities of measures, systems,
or controls described in paragraph (1)(A), if these
research activities are conducted--
(i) to advance the state of knowledge in
the field of computer system security; or
(ii) to assist in the development of
computer security product.
(b) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule
defining an unfair or a deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates subsection (a) shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C.
41 et seq.).
(C) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Commission
under any other provision of law.
(c) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(a) in a practice that violates such subsection, the attorney
general of the State may, as parens patriae, bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States--
(A) to enjoin further violation of such subsection
by such person;
(B) to compel compliance with such subsection; and
(C) to obtain damages, restitution, or other
compensation on behalf of such residents.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) not later than 10
days before initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Action by federal trade commission.--If the Commission
institutes a civil action or an administrative action with
respect to a violation of subsection (a), the attorney general
of a State may not, during the pendency of such action, bring a
civil action under paragraph (1) against any defendant named in
the complaint of the Commission for the violation with respect
to which the Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other consumer protection officer of a State who is
authorized by the State to do so may bring a civil
action under paragraph (1), subject to the same
requirements and limitations that apply under this
subsection to civil actions brought by attorneys
general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(d) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Posted.--The term ``posted'' means clearly and
conspicuously published on an internet website.
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