Bill
S 1111
The bill requires publishers to allow purchasers to verify campaign KPIs and geo-targeting via third‑party audits within set timeframes, with civil remedies for noncompliance.
Status and timeline
- Bill number: S 1111. Introduced: March 25, 2025.
- Current status (per header): Read First Time; Referred to Business. The bill text includes an emergency clause making it effective July 1, 2025. Legislative history shows committee amendments and floor action in the Senate (see notes below).
- Fiscal note: Sponsor-prepared fiscal note states no fiscal impact to the State General Fund; the disclosure burden falls on digital advertising providers.
Purpose and intent
- Establish requirements for transparency and post-campaign verification in digital advertising sales, so buyers (purchasers) can obtain evidence that representations made by sellers (publishers/digital advertisers) about impressions, geo-targeting, and other key performance indicators (KPIs) actually occurred.
Key provisions (as amended)
- New Section added to Idaho Consumer Protection Act (proposed Idaho Code § 48-603H) defining terms such as impression, click, click-through rate, engagement rate, ad reach, geo-targeting, KPI, purchaser, and publisher.
- Verification right and timelines:
- Within 30 days after a campaign/advertisement term ends, a purchaser may request verification of representations about geo-targeting and KPIs that were agreed to in the original contract.
- The publisher must respond within 30 days of receiving the request with verification of geo-targeted impressions by date or other contract-specified KPIs.
- Publishers doing business in Idaho must maintain a method for purchasers to submit requests and receive verification for up to three months after an ad was scheduled to end.
- Verification process (amendment language): “Verify” is defined to mean a data analysis process conducted by a nationally recognized third-party auditor; verification must not require disclosure of personal information or proprietary intellectual property to the purchaser.
- Enforcement and remedies:
- A failure to timely provide required verification is a violation of the Consumer Protection Act. Under § 48-608, purchasers may sue to recover actual damages or, alternatively, a refund of fees paid for the advertisement.
- Note: earlier bill text (prior to the amendment) included a statutory penalty of $1,000 per violation in addition to refund options; the amendment removed that explicit statutory penalty.
Who is affected
- Publishers and digital advertisers who sell ad inventory and do business in Idaho (obligated to maintain verification methods and respond to requests).
- Purchasers of digital advertising (businesses, advertisers, agencies) who gain an explicit mechanism to seek verification of campaign metrics and geo-targeting.
- Third-party verification/audit firms (may be relied upon for “verify” functions).
- Potentially the broader ad tech ecosystem (measurement vendors, exchanges) due to added documentation and verification needs.
Potential impact and considerations
- Increases buyer protections and transparency in digital ad transactions; may reduce misrepresentations about impressions and geo-targeting.
- Compliance costs and operational changes for publishers and ad platforms to store, maintain and deliver verifiable KPI data and to provide access for requests for a limited period post-campaign.
- Privacy/proprietary protections are explicitly recognized: verification must not force disclosure of personal data or proprietary IP to purchasers.
- Enforcement is civil under the Consumer Protection Act; exact remedies depend on § 48-608 and whether any legislative text reinstates statutory damages in future amendments.
Notes on versions
- The bill went through committee amendments that changed terminology (e.g., “digital advertiser” to “publisher/purchaser”), added a third‑party verification requirement, and removed a $1,000-per-violation statutory penalty that appeared in earlier draft text. Readers should consult the most recent engrossed/printed bill text for final language.
Compiled from official sources — confirm details with the bill’s official record.
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