---
kind: "section"
citation: "15 U.S.C. § 45b"
title: "15"
title_heading: "Commerce and Trade"
number: "45b"
heading: "Consumer review protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/45b"
units:
  - "Chapter 2 — Federal Trade Commission; Promotion of Export Trade and Prevention of Unfair Methods of Competition"
  - "Subchapter I — Federal Trade Commission"
---

# §45b. Consumer review protection

- (a) **Definitions—** In this section:
  - (1) **Commission—** The term “Commission” means the Federal Trade Commission.
  - (2) **Covered communication—** The term “covered communication” means a written, oral, or pictorial review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services, or conduct of a [person](/usc/15/7a.md?p=6) by an individual who is party to a form contract with respect to which such [person](/usc/15/7a.md?p=6) is also a party.
  - (3) **Form contract—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#a-3-B), the term “form contract” means a contract with standardized terms—
      - (i) used by a [person](/usc/15/7a.md?p=6) in the course of selling or leasing the [person](/usc/15/7a.md?p=6)’s goods or services; and
      - (ii) imposed on an individual without a meaningful opportunity for such individual to negotiate the standardized terms.
    - (B) **Exception—** The term “form contract” does not include an employer-employee or independent contractor contract.
  - (4) **Pictorial—** The term “pictorial” includes pictures, photographs, video, illustrations, and symbols.
- (b) **Invalidity of contracts that impede consumer reviews—**
  - (1) **In general—** Except as provided in paragraphs [(2)](#b-2) and [(3)](#b-3), a provision of a form contract is void from the inception of such contract if such provision—
    - (A) prohibits or restricts the ability of an individual who is a party to the form contract to engage in a covered communication;
    - (B) imposes a penalty or fee against an individual who is a party to the form contract for engaging in a covered communication; or
    - (C) transfers or requires an individual who is a party to the form contract to transfer to any [person](/usc/15/7a.md?p=6) any intellectual property rights in review or feedback content, with the exception of a non-exclusive license to use the content, that the individual may have in any otherwise lawful covered communication about such [person](/usc/15/7a.md?p=6) or the goods or services provided by such [person](/usc/15/7a.md?p=6).
  - (2) **Rule of construction—** Nothing in [paragraph (1)](#b-1) shall be construed to affect—
    - (A) any duty of confidentiality imposed by law (including agency guidance);
    - (B) any civil cause of action for defamation, libel, or slander, or any similar cause of action;
    - (C) any party’s right to remove or refuse to display publicly on an Internet website or webpage owned, operated, or otherwise controlled by such party any content of a covered communication that—
      - (i) contains the personal information or likeness of another [person](/usc/15/7a.md?p=6), or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
      - (ii) is unrelated to the goods or services offered by or available at such party’s Internet website or webpage; or
      - (iii) is clearly false or misleading; or
    - (D) a party’s right to establish terms and conditions with respect to 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 solely intended for commercial purposes by that entity.
  - (3) **Exceptions—** [Paragraph (1)](#b-1) shall not apply to the extent that a provision of a form contract prohibits disclosure or submission of, or reserves the right of a [person](/usc/15/7a.md?p=6) or business that hosts online consumer reviews or comments to remove—
    - (A) trade secrets or commercial or financial information obtained from a [person](/usc/15/7a.md?p=6) and considered privileged or confidential;
    - (B) personnel and medical files and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
    - (C) records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
    - (D) content that is unlawful or otherwise meets the requirements of [paragraph (2)(C)](#b-2-C); or
    - (E) content that contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications, or files.
- (c) **Prohibition—** It shall be unlawful for a [person](/usc/15/7a.md?p=6) to offer a form contract containing a provision described as void in [subsection (b)](#b).
- (d) **Enforcement by Commission—**
  - (1) **Unfair or deceptive acts or practices—** A violation of [subsection (c)](#c) by a [person](/usc/15/7a.md?p=6) with respect to which the Commission is empowered under section 5(a)(2) of the Federal Trade Commission Act ([15 U.S.C. 45(a)(2)](/usc/15/45.md?p=a-2)) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ([15 U.S.C. 57a(a)(1)(B)](/usc/15/57a.md?p=a-1-B)).
  - (2) **Powers of Commission—**
    - (A) **In general—** The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ([15 U.S.C. 41](/usc/15/41.md) et seq.) were incorporated into and made a part of this Act.
    - (B) **Privileges and immunities—** Any [person](/usc/15/7a.md?p=6) who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ([15 U.S.C. 41](/usc/15/41.md) et seq.).
- (e) **Enforcement by States—**
  - (1) **Authorization—** Subject to [paragraph (2)](#e-2), in any case in which the attorney general of a [State](/usc/15/15g.md?p=2) has reason to believe that an interest of the residents of the [State](/usc/15/15g.md?p=2) has been or is threatened or adversely affected by the engagement of any [person](/usc/15/7a.md?p=6) subject to [subsection (c)](#c) in a practice that violates such subsection, the attorney general of the [State](/usc/15/15g.md?p=2) may, as parens patriae, bring a civil action on behalf of the residents of the [State](/usc/15/15g.md?p=2) in an appropriate district court of the United States to obtain appropriate relief.
  - (2) **Rights of Federal Trade Commission—**
    - (A) **Notice to Federal Trade Commission—**
      - (i) **In general—** Except as provided in [clause (iii)](#e-2-A-iii), the attorney general of a [State](/usc/15/15g.md?p=2) shall notify the Commission in writing that the attorney general intends to bring a civil action under [paragraph (1)](#e-1) before initiating the civil action against a [person](/usc/15/7a.md?p=6) described in [subsection (d)(1)](#d-1).
      - (ii) **Contents—** The notification required by [clause (i)](#e-2-A-i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action.
      - (iii) **Exception—** If it is not feasible for the attorney general of a [State](/usc/15/15g.md?p=2) to provide the notification required by [clause (i)](#e-2-A-i) before initiating a civil action under [paragraph (1)](#e-1), the attorney general shall notify the Commission immediately upon instituting the civil action.
    - (B) **Intervention by Federal Trade Commission—** The Commission may—
      - (i) intervene in any civil action brought by the attorney general of a [State](/usc/15/15g.md?p=2) under [paragraph (1)](#e-1) against a [person](/usc/15/7a.md?p=6) described in [subsection (d)(1)](#d-1); and
      - (ii) upon intervening—
        - (I) be heard on all matters arising in the civil action; and
        - (II) file petitions for appeal of a decision in the civil action.
  - (3) **Investigatory powers—** Nothing in this subsection may be construed to prevent the attorney general of a [State](/usc/15/15g.md?p=2) from exercising the powers conferred on the attorney general by the laws of the [State](/usc/15/15g.md?p=2) to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence.
  - (4) **Preemptive action by Federal Trade Commission—** If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of [subsection (c)](#c), the attorney general of a [State](/usc/15/15g.md?p=2) may not, during the pendency of such action, bring a civil action under [paragraph (1)](#e-1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action.
  - (5) **Venue; service of process—**
    - (A) **Venue—** Any action brought under [paragraph (1)](#e-1) may be brought in—
      - (i) the district court of the United States that meets applicable requirements relating to venue under [section 1391 of title 28](/usc/28/1391.md); or
      - (ii) another court of competent jurisdiction.
    - (B) **Service of process—** In an action brought under [paragraph (1)](#e-1), process may be served in any district in which the defendant—
      - (i) is an inhabitant; or
      - (ii) may be found.
  - (6) **Actions by other State officials—**
    - (A) **In general—** In addition to civil actions brought by attorneys general under [paragraph (1)](#e-1), any other consumer protection officer of a [State](/usc/15/15g.md?p=2) who is authorized by the [State](/usc/15/15g.md?p=2) to do so may bring a civil action under [paragraph (1)](#e-1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
    - (B) **Savings provision—** Nothing in this subsection may be construed to prohibit an authorized official of a [State](/usc/15/15g.md?p=2) from initiating or continuing any proceeding in a court of the [State](/usc/15/15g.md?p=2) for a violation of any civil or criminal law of the [State](/usc/15/15g.md?p=2).
- (f) **Education and outreach for businesses—** Not later than 60 days after December 14, 2016, the Commission shall commence conducting education and outreach that provides businesses with non-binding best practices for compliance with this Act.
- (g) **Relation to State causes of action—** Nothing in this section shall be construed to affect any cause of action brought by a [person](/usc/15/7a.md?p=6) that exists or may exist under [State](/usc/15/15g.md?p=2) law.
- (h) **Savings provision—** Nothing in this section shall be construed to limit, impair, or supersede the operation of the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) et seq.] or any other provision of Federal law.
- (i) **Effective dates—** This section shall take effect on December 14, 2016, except that—
  - (1) subsections [(b)](#b) and [(c)](#c) shall apply with respect to contracts in effect on or after the date that is 90 days after December 14, 2016; and
  - (2) subsections [(d)](#d) and [(e)](#e) shall apply with respect to contracts in effect on or after the date that is 1 year after December 14, 2016.

## Source credit

(Pub. L. 114–258, § 2, Dec. 14, 2016, 130 Stat. 1355.)

## Notes

### Editorial Notes

### References in Text

The Federal Trade Commission Act, referred to in subsecs. (d)(2) and (h), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to this subchapter. For complete classification of this Act to the Code, see section 58 of this title and Tables.

This Act, referred to in subsecs. (d)(2)(A) and (f), is Pub. L. 114–258, Dec. 14, 2016, 130 Stat. 1355, known as the Consumer Review Fairness Act of 2016, which enacted this section and provisions set out as a note under section 58 of this title. For complete classification of this Act to the Code, see Short Title of 2016 Amendment note set out under section 58 of this title and Tables.

### Codification

Section was enacted as part of the Consumer Review Fairness Act of 2016, and not as part of the Federal Trade Commission Act which comprises this subchapter.