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Congress Introduces SCAM Act to Hold Platforms Liable for Fraudulent Ads

February 4 – March 11, 2026

Where Things Stand

The SCAM Act is currently active in both chambers but remains under review by the Senate Commerce and House Energy and Commerce committees. Until these bills advance, social media platforms retain legal immunity for hosting fraudulent advertisements, leaving consumers exposed to financial scams that cost Americans an estimated $119 billion annually.

The Facts

How We Got Here

Feb 11, 2026H.R. 7548 was introduced in the House to mandate advertiser identity verification and 72-hour takedown requirements. [H.R. 7548]
Feb 3, 2026Senator Ruben Gallego introduced the Senate version of the legislation to force platforms to remove fraudulent ads within 24 hours. [S. 3774]
Feb 3, 2026Senator Gallego highlighted a report showing that social media scams cost Americans nearly $119 billion a year to build support for the measure. [This]

Who This Affects

10 groups

Hurts

Undocumented

The bill requires advertisers to provide government-issued identification and verified physical locations before placing ads on online platforms. People without valid government-issued IDs would be effectively locked out of paid digital advertising, potentially impacting those who run informal businesses and rely on social media ads to reach customers.

Mixed

Small Business Owner

Small businesses that advertise on social media would face new identity verification requirements before placing paid ads, including submitting government-issued IDs and proving their business legally exists. While legitimate businesses may experience some added friction and delays in getting ads approved, the law also protects them from being impersonated by scammers who steal their brand images or names to run fraudulent ads.

Gig Worker

Gig workers who use social media advertising to promote their freelance services would need to go through identity verification, adding a step to their marketing process. On the positive side, gig workers are frequent targets of job scams and fake opportunity ads on social media, so stronger fraud detection could reduce their exposure to these schemes.

Helps

Cryptocurrency Investor

Crypto investors are among the most heavily targeted groups for fraudulent ads on social media, including fake giveaways, phishing schemes, and impersonation scams using AI-cloned voices of well-known figures. The bill's requirements for advertiser identity verification and active fraud detection systems could significantly reduce the volume of crypto scam ads that lure people into sending money or sharing wallet credentials.

Lgbtq

LGBTQ+ individuals are disproportionately targeted by romance scams and fraudulent dating-related ads on social media. The bill's fraud detection and advertiser verification requirements could help reduce these predatory ads, though the impact is indirect and depends on strong enforcement.

Policies

S. 3774 and H.R. 7548 are companion bills introduced in the Senate and House to address the same issue of online fraud. While they share the same goal, the Senate version requires ads to be removed within 24 hours, while the House version allows up to 72 hours.

Analysis generated by AI. Always verify with official sources.