United States 114th Congress Status: Died 1 R cosponsors

HR 2045 — Targeting Rogue and Opaque Letters Act of 2015

Last action — Placed on the Union Calendar, Calendar No. 688.

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  1. ✓
    Introduced
  2. Died in session

This bill died with 114th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Targeting Rogue and Opaque Letters Act of 2015 (Sec. 2) This bill directs the Federal Trade Commission (FTC), and authorizes state attorneys general, to enforce against written communications (commonly referred to as demand letters) that represent in bad faith that the recipient bears liability or owes compensation for infringing an asserted patent. The pattern or practice of sending such bad faith demand letters shall be treated as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. The bill sets forth the types of bad faith representations, assertions of legal action, claims of a sender holding an exclusive license, compensation requests, or omissions that are considered to be unfair or deceptive. The bill provides an affirmative defense if the sender can show that statements, representations, or omissions were mistakes made in good faith, which may be demonstrated by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (Sec. 3) The bill provides the FTC with authority to enforce against violations. (Sec. 4) The bill preempts state or local laws expressly relating to the transmission or contents of communications regarding the assertion of patent rights. But the bill shall not be contrued to limit any other state laws, including those relating to consumer protection, fraud, deception, trespass, contracts, or torts. State attorneys general may bring civil actions in federal court to enjoin violations or obtain civil penalties for violations of this bill. The maximum civil penalty for which a person may be liable for a series of related violations is $5 million.

Bill Text

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Read HR 2045 on the official United States source →

Action History

  1. Placed on the Union Calendar, Calendar No. 688.

  2. Reported by the Committee on Energy and Commerce. H. Rept. 114-877.

  3. Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

  4. Ordered to be Reported by the Yeas and Nays: 30 - 22.

  5. Committee Consideration and Mark-up Session Held.

  6. Committee Consideration and Mark-up Session Held.

  7. Referred to the House Committee on Energy and Commerce.

  8. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does HR 2045 do?
Targeting Rogue and Opaque Letters Act of 2015 (Sec. 2) This bill directs the Federal Trade Commission (FTC), and authorizes state attorneys general, to enforce against written communications (commonly referred to as demand letters) that represent in bad faith that the recipient bears liability or owes compensation for infringing an asserted patent. The pattern or practice of sending such bad faith demand letters shall be treated as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. The bill sets forth the types of bad faith representations, assertions of legal action, claims of a sender holding an exclusive license, compensation requests, or omissions that are considered to be unfair or deceptive. The bill provides an affirmative defense if the sender can show that statements, representations, or omissions were mistakes made in good faith, which may be demonstrated by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (Sec. 3) The bill provides the FTC with authority to enforce against violations. (Sec. 4) The bill preempts state or local laws expressly relating to the transmission or contents of communications regarding the assertion of patent rights. But the bill shall not be contrued to limit any other state laws, including those relating to consumer protection, fraud, deception, trespass, contracts, or torts. State attorneys general may bring civil actions in federal court to enjoin violations or obtain civil penalties for violations of this bill. The maximum civil penalty for which a person may be liable for a series of related violations is $5 million.
Who sponsors HR 2045?
HR 2045 is sponsored by Michael Burgess (R).
What is the current status of HR 2045?
This bill died with 114th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 2045?
Track HR 2045 free on One Click Politics — get push/email alerts when it moves.

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