Ad-Free Means Ad-Free Act

(a) Prohibition. Not later than one year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations under section 553 of title 5, United States Code, that—

(1) prohibit a provider of a video streaming service from offering or advertising services as not including advertisements and, within one year of the initial subscription date or the total length of the contract (whichever is longer), adding advertisements to the service for any subscriber who enrolled in an option that purported to not include advertisements; and

(2) if such a subscriber cancels and re-enrolls in such a subscription, prohibit such a provider from adding advertisements to the relevant service within one year of the re-enrollment date or the total length of the contract (whichever is longer).

(b) Rule of construction. Nothing in this section may be construed as excluding a provider of video streaming services from the prohibition described under subsection (a) because the services are offered to a consumer through a third party.

(c) Enforcement by Federal Trade Commission

(1) Unfair or deceptive acts or practices. A violation of subsection (a) or a regulation promulgated under such subsection shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

(2) Powers of Commission. The Federal Trade Commission shall enforce subsection (a) and any regulation promulgated under such subsection 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 et seq.) were incorporated into and made a part of this Act. Any person who violates such subsection or a regulation promulgated under such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

(d) Video streaming service defined. In this section, the term video streaming service means an entity that makes available through a paid subscription directly to the end user through a distribution method that uses internet protocol to show media directly to viewers that is—

(1) video programming; or

(2) video content the entity makes available for users to view.