Informing Consumers about Smart Devices Act
What does the Informing Consumers about Smart Devices Act do?
HR 859 is a House bill sponsored by Rep. Russ Fulcher (R-ID-1). Requires each manufacturer of a "covered device" to disclose, clearly and conspicuously and prior to purchase, whether the device contains a camera or microphone as a component. Enforcement is handled by the Federal Trade Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), with a violation treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of that Act (15 U.S.C. 57a(a)(1)(B)). Within 180 days of enactment, the FTC must issue guidance on best practices for making the disclosure clear, conspicuous, and age-appropriate, including on use of pictorial representations as defined in section 2(a) of the Consumer Review Fairness Act of 2016 (15 U.S.C. 45b(a)).
Did HR 859 pass? Where it stands
As of July 17, 2026, HR 859 has passed the House.
Status: Passed House
Latest vote: House Passed 415–9 on April 29, 2025
Outlook: Moderate
Key provisions
- Pre-Purchase Camera/Microphone Disclosure
- Each manufacturer of a covered device shall disclose "clearly and conspicuously and prior to purchase" whether the device contains a camera or microphone as a component
- FTC Enforcement Under the FTC Act
- Violation treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(a)(1)(B))
- FTC enforces with the same jurisdiction, powers, and duties as under the FTC Act (15 U.S.C. 41 et seq.)
- 180-day FTC guidance on clear, conspicuous, age-appropriate disclosure — including pictorial representations under section 2(a) of the Consumer Review Fairness Act of 2016 (15 U.S.C. 45b(a))
- Covered Device Definition and Effective Date
- Covered device: consumer product (as defined in 15 U.S.C. 2052(a)) capable of connecting to the internet with a camera or microphone component
- Excludes phones/laptops/tablets, devices marketed as cameras/microphones/telecom devices, and devices covered by sections 255, 716, and 718 and subsections (aa) and (bb) of section 303 of the Communications Act of 1934
- Applies only to covered devices manufactured after 180 days from issuance of FTC guidance under section 3(c); not retroactive
Last updated July 15, 2026