Your energy data is no longer for sale—unless your utility is American-owned
H.R. 10284 — Smart Meter Data Privacy Protection Act · Filed by Josh Riley (D-NY) · 1 cosponsor · Introduced Sep 3, 2026 · Referred to committee
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What it does
This bill prohibits state-regulated electric utilities that are not wholly U.S.-owned from selling, licensing, or monetizing smart meter data (detailed records of when and how much electricity customers use) unless the use is for essential grid operations like billing or outage management. Utilities must report annually to the FTC on what data they collect and how they use it. If a utility violates the rule, it must credit the affected customer's bill 3× the revenue it made from misusing their data. The FTC and state attorneys general can enforce the rule, and states can impose even stricter protections.
Why we flagged it
The bill's core mechanism is a prohibition on commercial use of smart meter data by certain utilities, paired with FTC enforcement and consumer compensation. It is fundamentally a privacy and consumer-protection measure, not a deregulation or subsidy.
What the text implies
- The restriction applies only to state-regulated utilities 'not wholly owned by United States persons'—this carve-out may exempt many large domestic utilities and primarily target foreign-owned or partially foreign-owned operators, narrowing the bill's practical scope.
- The 3× damages remedy is paid directly to the consumer via bill credit, not to a government fund or class action pool—this creates strong individual incentives to report violations but may leave systemic patterns undetected if consumers do not notice or report.
The full analysis lists 4 implications of this text.
Who it affects
Consumers gain explicit protection against warrantless monetization of their detailed energy-use data, receive direct compensation (3× damages) for violations, and benefit from FTC/state enforcement. The restriction applies only to non-U.S.-owned utilities, which is a narrower scope but still protects a material portion of the consumer base from data exploitation.