AMERICA Act

Key Points

• The bill would force companies earning over $20 billion in digital ad revenue to break up their ad businesses. They could no longer own an ad exchange while also running buy-side or sell-side brokerages, ending the practice of one company controlling the entire ad transaction.
• Companies with over $5 billion in digital ad revenue would face new fiduciary-style duties, requiring them to act in their customers' best interest and seek the best possible deal on every transaction, similar to how financial brokers must treat their clients.
• Detailed transparency rules would let advertisers and publishers request data about every bid, every price, and every routing decision made on their behalf, while also requiring brokerages to publish quarterly routing reports on a free public website.
• Customers harmed by knowing violations from the largest ad firms could sue for at least $1 million per month of violation or actual damages, whichever is greater, plus attorney fees. Class action waivers would be banned for claims under this law.
• The bill creates an Antitrust Consumer Damages Fund in the U.S. Treasury. Money collected from enforcement actions would be deposited here and used to compensate people and businesses harmed by violations, with unclaimed funds returned to the general treasury after 10 years.

Votes

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Related Bills

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