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Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries

Titles (4)

Short Titles

Short Titles - Senate

Short Titles as Passed Senate

Consumer Review Freedom Act of 2015

Short Titles as Reported to Senate

Consumer Review Freedom Act of 2015

Short Titles as Introduced

Consumer Review Freedom Act of 2015

Official Titles

Official Titles - Senate

Official Titles as Introduced

A bill to prohibit the use of certain clauses in form contracts that restrict the ability of a consumer to communicate regarding the goods or services offered in interstate commerce that were the subject of the contract, and for other purposes.


Actions Overview (3)

Date Actions Overview
12/14/2015Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
12/08/2015Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 114-175.
09/16/2015Introduced in Senate

All Actions (13)

Date Chamber All Actions
12/18/2015HouseReferred to the Subcommittee on Commerce, Manufacturing, and Trade.
Action By: Committee on Energy and Commerce
12/15/2015HouseReferred to the House Committee on Energy and Commerce.
12/15/2015-2:03pmHouseReceived in the House.
12/15/2015SenateMessage on Senate action sent to the House.
12/14/2015SenatePassed Senate with an amendment by Unanimous Consent.
12/14/2015SenateS.Amdt.2927 Amendment SA 2927 agreed to in Senate by Unanimous Consent.
12/14/2015SenateS.Amdt.2927 Amendment SA 2927 proposed by Senator McConnell for Senator Thune. (consideration: CR S8639-8640) In the nature of a substitute.
12/14/2015SenateThe committee substitute withdrawn by Unanimous Consent. (consideration: CR S8639-8640; text as reported to Senate: CR S8639)
12/14/2015SenateMeasure laid before Senate by unanimous consent. (consideration: CR S8639-8640)
12/08/2015SenatePlaced on Senate Legislative Calendar under General Orders. Calendar No. 316.
12/08/2015SenateCommittee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 114-175.
11/18/2015SenateCommittee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
09/16/2015SenateRead twice and referred to the Committee on Commerce, Science, and Transportation.

Cosponsors (8)

* = Original cosponsor
CosponsorDate Cosponsored
Sen. Schatz, Brian [D-HI]* 09/16/2015
Sen. Moran, Jerry [R-KS]* 09/16/2015
Sen. Blumenthal, Richard [D-CT] 11/03/2015
Sen. McCaskill, Claire [D-MO] 11/03/2015
Sen. Nelson, Bill [D-FL] 11/04/2015
Sen. Daines, Steve [R-MT] 11/05/2015
Sen. Booker, Cory A. [D-NJ] 11/17/2015
Sen. Wyden, Ron [D-OR] 12/15/2015

Committees (2)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Related Documents
Senate Commerce, Science, and Transportation09/16/2015 Referred to
11/18/2015 Markup by
12/08/2015 Reported by S. Rept. 114-175
House Energy and Commerce12/15/2015 Referred to
House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade12/18/2015 Referred to

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.


Subjects (9)


Latest Summary (3)

There are 3 summaries for S.2044. View summaries

Shown Here:
Passed Senate amended (12/14/2015)

Consumer Review Freedom Act of 2015

(Sec. 2) This bill makes a provision of a form contract void from the inception if it: (1) prohibits or restricts an individual who is a party to such a contract from engaging in written, oral, or pictorial reviews, or other similar performance assessments or analyses of, including by electronic means, the goods, services, or conduct of a person that is also a party to the contract; (2) imposes penalties or fees against individuals who engage in such communications; or (3) transfers or requires the individual to transfer intellectual property rights in review or feedback content (with the exception of a nonexclusive license to use the content) in any otherwise lawful communications about such person or the goods or services provided by such person.

A "form contract" is a contract with standardized terms: (1) used by a person in the course of selling or leasing the person's goods or services, and (2) imposed on an individual without a meaningful opportunity to negotiate the standardized terms. The definition excludes an employer-employee or independent contractor contract.

The standards under which provisions of a form contract are considered void under this Act shall not be construed to affect:

  • legal duties of confidentiality;
  • civil actions for defamation, libel, or slander; or
  • a party's right to establish terms and conditions for the creation of photographs or video of such party's property when those photographs or video are created by an employee or independent contractor of a commercial entity and are solely intended to be used for commercial purposes by that entity.

Such standards also shall not be construed to affect any party's right to remove or refuse to display publicly on an Internet website or webpage owned, operated, or controlled by such party content that: (1) contains the personal information or likeness of another person or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (2) is unrelated to the goods or services offered by or available at such party's website; or (3) is clearly false or misleading.

A provision shall not be considered void under this Act to the extent that it prohibits disclosure or submission of, or reserves the right of a person or business that hosts online consumer reviews or comments to remove, certain: (1) trade secrets or commercial or financial information; (2) personnel and medical files; (3) law enforcement records; (4) content that is unlawful or that a party has a right to remove or refuse to display; or (5) computer viruses or other potentially damaging computer code, processes, applications, or files.

A person is prohibited from offering form contracts containing a provision that is considered void under this Act.

Enforcement authority is provided to the Federal Trade Commission (FTC) and states.

The FTC must provide businesses with nonbinding best practices for compliance.