114-HR2045 Targeting Rogue and Opaque Letters Act of 2015
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|Title||114-HR2045 Targeting Rogue and Opaque Letters Act of 2015|
|Sponsor||Rep. Burgess, Michael C. (R-TX-26)|
|Committee(s)||House - Energy and Commerce|
|© edegan.com, 2016|
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and taken from https://www.govtrack.us/congress/bills/114/hr2045.
- Directs the Federal Trade Commission, and authorizes state attorneys general, to enforce against written communications (commonly referred to as demand letters) that represent in bad faith that the recipient bears liability or owes compensation for infringing an asserted patent. Requires the pattern or practice of sending such bad faith demand letters to be treated as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act.
- Sets forth the types of bad faith representations, compensation requests, or omissions that are considered to be unfair or deceptive.
- Provides an affirmative defense if the sender can show that statements, representations, or omissions were mistakes made in good faith, which may be demonstrated by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.