---
title: Representatives Stearns and Matheson Introduce Consumer Privacy Protection Act
date: 2011-04-15T16:29:12-04:00
author: Import Bot
canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/representatives-stearns-and-matheson-introduce-consumer-privacy-protection-act"
section: Blog Posts
---
# Representatives Stearns and Matheson Introduce Consumer Privacy Protection Act

 April 15, 2011

 

 

 

 

 

 

On April 13, 2011, Representatives Cliff Stearns (R-FL) and Jim Matheson (D-UT) introduced privacy legislation that seeks to ensure that consumers have greater control and are better informed on the collection and use of their personal information. The [Consumer Privacy Protection Act of 2011 ](http://stearns.house.gov/UploadedFiles/Privacy_Bill.pdf)would provide consumers with control over certain uses of personal information collected online and offline. Protections under the bi-partisan Stearns-Matheson bill include consumer notice requirements and the ability for consumers to limit disclosures of personal information to third parties.

The bill contains many provisions consistent with the [Commercial Privacy Bill of Rights Act of 2011](http://www.kelleydrye.com/publications/client_advisories/0659), introduced in the Senate by Senators Kerry (D-MA) and McCain (R-AZ) on April 12, 2011. Both bills would be enforced by the Federal Trade Commission (FTC), include a self-regulatory ​‘safe harbor’ framework, permit the FTC to seek civil penalties for violations, preempt similar state laws, and exclude a private right of action. Contrary to the Kerry-McCain bill, the Stearns-Matheson bill does not cover certain telecommunications providers within its scope. Additionally, civil penalties under the Stearns-Matheson bill are set at double the amount permitted under the FTC Act (for a total of $32,000 per violation) with a maximum civil penalty of $500,000. The potential civil penalties under the Stearns-Matheson bill are greater per violation, but less overall, than the civil penalties proposed in the Kerry-McCain bill.

Click here for [more information regarding the bill’s provisions](http://www.kelleydrye.com/publications/client_advisories/0661), as well as a [chart summarizing the various federal bills ](http://www.kelleydrye.com/publications/client_advisories/0661/_res/id=Files/index=0/Federal%20Consumer%20Privacy%20Legislation_April%2015,%202011.pdf)on point.

 

 **Tags:** [Privacy and Information Security](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tags/privacy-and-information-security)

 

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