PolicyBrief
H.R. 7548
119th CongressFeb 12th 2026
Safeguarding Consumers from Advertising Misconduct Act
IN COMMITTEE

This Act prohibits online platforms from displaying fraudulent paid advertisements if they accepted payment and failed to take reasonable steps to prevent them, while also establishing new enforcement mechanisms.

Daniel Meuser
R

Daniel Meuser

Representative

PA-9

LEGISLATION

New SCAM Act Forces Tech Platforms to Verify Advertisers and Remove Fraudulent Ads Within 72 Hours

If you’ve ever scrolled through your feed and seen a 'celebrity' giving away free Bitcoin or a too-good-to-be-true clearance sale from a brand that doesn't exist, you’ve seen the problem this bill is trying to fix. The Safeguarding Consumers from Advertising Misconduct (SCAM) Act puts the legal squeeze on social media companies and apps to stop acting as passive conduits for fraudsters. Under this bill, platforms that take money for ads are legally required to verify an advertiser’s identity—including their physical location and government ID—before a single ad goes live. This moves the burden from you, the person trying to avoid getting ripped off, to the multi-billion dollar platforms collecting the ad checks.

Verifying the Virtual Paper Trail

The bill sets a high bar for what platforms must do before they hit 'publish' on a paid promotion. Section 3 mandates that platforms implement procedures to verify legal names and use 'reasonable measures' to prevent people from using stolen or synthetic identities to buy ads. Think of it like a digital bouncer at the door; if a platform wants the revenue, they have to check the ID. For a small business owner who sees their brand being impersonated by a fake account, or a retiree targeted by an AI-cloned voice scam, these provisions aim to cut the fraud off at the source by making it much harder for scammers to hide behind anonymity.

The 72-Hour Takedown Clock

One of the most practical changes is the strict timeline for cleaning up the digital neighborhood. If you report a suspicious ad, or if the platform’s own tech flags one, the bill requires an investigation to start and finish within 72 hours. Once a determination is made that the ad is deceptive, the platform has a 24-hour window to yank it down. To make sure this isn't just a 'suggestion,' the bill gives the Federal Trade Commission (FTC) and state attorneys general the power to sue for damages. Most importantly for the average person, it creates a 'private right of action,' meaning if you are personally injured by a violation, you can sue the platform in federal court for actual damages—and if they knowingly broke the rules, a judge could triple that amount.

Closing the Immunity Loophole

For decades, tech companies have relied on a law called Section 230, which generally protects them from being held liable for what users post on their sites. The SCAM Act explicitly states that Section 230 immunity does not apply here. By removing this 'get out of jail free' card for paid advertisements, the bill treats platforms more like traditional broadcasters who are responsible for the commercial content they air. While this might mean your favorite apps get a bit more aggressive with their filters—potentially slowing down how fast new ads appear—the trade-off is a digital marketplace that doesn't feel like a minefield every time you click a link.