H.R. 2403 — TELL Act

This section requires any person maintaining a website or selling or distributing a mobile application that stores user information in the People's Republic of China to disclose to users, in a clear and conspicuous manner, (1) that such information is stored and maintained in China and (2) whether the Chinese Communist Party or a Chinese state-owned entity has access to it. It makes it unlawful to knowingly disclose false information under these requirements.

This section provides that a violation of the Act is treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) and authorizes the Federal Trade Commission to enforce the Act using the same manner, means, jurisdiction, powers, duties, penalties, privileges, and immunities as provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).