Halt Abusive Internet Lawsuits Act of 2026
Sponsored By: Representative Fulcher, Russ [R-ID-1]
Introduced
Summary
Blocks privacy and wiretapping claims against routine digital commerce when information is collected, processed, or disclosed for a commercial purpose. It would define what counts as a "commercial purpose" and "digital commerce" and bar related claims and enforcement actions from proceeding after enactment.
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- Businesses and service providers would gain immunity from claims under pen register, wiretapping, trap and trace, and eavesdropping laws for activities tied to digital commerce. Routine tools listed include cookies, pixels, session replay, chatbots, tags, and analytics.
- Consumers and private plaintiffs would be unable to bring or continue these specific privacy suits when the use of data fits the bill's commercial-purpose definition. The measure explicitly covers claims under the California Invasion of Privacy Act when they meet that test.
- State and federal enforcers would be barred from maintaining, adjudicating, or arbitrating existing or future enforcement actions that arise from covered commercial digital activities. The bill lists examples of commercial purpose such as marketing, facilitating sales, prompting consumer input, and business operations.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Shield for digital commerce data use
If enacted, this bill would bar civil or enforcement claims under federal or state pen-register, wiretapping, trap-and-trace, and eavesdropping laws. The ban would apply when information is collected, processed, or disclosed for a "commercial purpose" in digital commerce. "Commercial purpose" would include business operations, marketing or advertising, prompting or responding to consumer input, facilitating sales, and state-defined commercial uses. "Digital commerce" would include cookies, pixels, session replay, chatbots, tags, and analytics. It would also stop any such claim or enforcement action that is pending on the date of enactment from being maintained, adjudicated, or arbitrated. This would lower legal and enforcement risk for businesses, but it would limit legal remedies for consumers and state enforcers.
Sponsors & CoSponsors
Sponsor
Fulcher, Russ [R-ID-1]
ID • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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