Sec. 206. Third-party collecting entities
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Each third-party collecting entity shall place a clear, conspicuous, not misleading, and readily accessible notice on the website or mobile application of the third-party collecting entity (if the third-party collecting entity maintains such a website or mobile application) that— notifies individuals that the entity is a third-party collecting entity using specific language that the Commission shall develop through rulemaking under section 553 of title 5, United States Code; includes a link to the website established under subsection (b)(3); and is reasonably accessible to and usable by individuals with disabilities.
Not later than January 31 of each calendar year that follows a calendar year during which a covered entity acted as a third-party collecting entity and processed covered data pertaining to more than 5,000 individuals or devices that identify or are linked or reasonably linkable to an individual, such covered entity shall register with the Commission in accordance with this subsection. In registering with the Commission as required under paragraph (1), a third-party collecting entity shall do the following:
Pay to the Commission a registration fee of $100. Provide the Commission with the following information: The legal name and primary physical, email, and internet addresses of the third-party collecting entity. A description of the categories of covered data the third-party collecting entity processes and transfers. The contact information of the third-party collecting entity, including a contact person, a telephone number, an e-mail address, a website, and a physical mailing address.
A link to a website through which an individual may easily exercise the rights provided under this subsection. The Commission shall establish and maintain on a website a searchable, publicly available, central registry of third-party collecting entities that are registered with the Commission under this subsection that includes the following: A listing of all registered third-party collecting entities and a search feature that allows members of the public to identify individual third-party collecting entities.
For each registered third-party collecting entity, the information provided under paragraph (2)(B). A Do Not Collect registry link and mechanism by which an individual may, easily submit a request to all registered third-party collecting entities that are not consumer reporting agencies (as defined in section 603(f) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(f) )), and to the extent such third-party collecting entities are not acting as consumer reporting agencies (as so defined), to— delete all covered data related to such individual that the third-party collecting entity did not collect from such individual directly or when acting as a service provider; and ensure that the third-party collecting entity no longer collects covered data related to such individual without the affirmative express consent of such individual, except insofar as the third-party collecting entity is acting as a service provider.
Each third-party collecting entity that receives such a request from an individual shall delete all the covered data of the individual not later than 30 days after the request is received by the third-party collecting entity. Notwithstanding the provisions of clauses
(i)and (ii), a third-party collecting entity may decline to fulfill a Do Not Collect request from an individual who it has actual knowledge has been convicted of a crime related to the abduction or sexual exploitation of a child, and the data the entity is collecting is necessary to effectuate the purposes of a national or State-run sex offender registry or the congressionally designated entity that serves as the nonprofit national resource center and clearinghouse to provide assistance to victims, families, child-serving professionals, and the general public on missing and exploited children issues. A third-party collecting entity that fails to register or provide the notice as required under this section shall be liable for— a civil penalty of $100 for each day the third-party collecting entity fails to register or provide notice as required under this section, not to exceed a total of $10,000 for any year; and an amount equal to the registration fees due under paragraph (2)(A) of subsection
(b)for each year that the third-party collecting entity failed to register as required under paragraph
(1)of such subsection. Nothing in this subsection shall be construed as altering, limiting, or affecting any enforcement authorities or remedies under this Act.
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Sec. 206
Third-party collecting entities
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