[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2668 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2668
To amend the Federal Trade Commission Act to affirmatively confirm the
authority of the Federal Trade Commission to seek permanent injunctions
and other equitable relief for violations of any provision of law
enforced by the Commission.
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IN THE HOUSE OF REPRESENTATIVES
April 20, 2021
Mr. Cardenas (for himself, Ms. Schakowsky, Mr. Pallone, Mr. Rush, Ms.
Castor of Florida, Mrs. Trahan, Mr. McNerney, Ms. Clarke of New York,
Mrs. Dingell, Ms. Kelly of Illinois, Mr. Soto, Miss Rice of New York,
Ms. Craig, and Mrs. Fletcher) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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A BILL
To amend the Federal Trade Commission Act to affirmatively confirm the
authority of the Federal Trade Commission to seek permanent injunctions
and other equitable relief for violations of any provision of law
enforced by the Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Protection and Recovery
Act''.
SEC. 2. FTC AUTHORITY TO SEEK PERMANENT INJUNCTIONS AND OTHER EQUITABLE
RELIEF.
(a) Permanent Injunctions and Other Equitable Relief.--Section 13
of the Federal Trade Commission Act (15 U.S.C. 53) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``has
violated,'' after ``corporation'';
(B) in paragraph (2)--
(i) by striking ``that'' and inserting
``that either (A)''; and
(ii) by striking ``final,'' and inserting
``final; or (B) the permanent enjoining thereof
or the ordering of equitable relief under
subsection (e),''; and
(C) in the matter following paragraph (2)--
(i) by striking ``to enjoin any such act or
practice'';
(ii) by striking ``Upon'' and inserting
``In a suit under paragraph (2)(A), upon'';
(iii) by striking ``without bond'';
(iv) by striking ``proper cases'' and
inserting ``a suit under paragraph (2)(B)'';
(v) by striking ``injunction.'' and
inserting ``injunction, equitable relief under
subsection (e), or such other relief as the
court determines to be just and proper,
including temporary or preliminary equitable
relief.'';
(vi) by striking ``Any suit'' and inserting
``Any suit under this subsection''; and
(vii) by striking ``In any suit under this
section'' and inserting ``In any such suit'';
and
(2) by adding at the end the following:
``(e) Equitable Relief.--
``(1) Restitution; contract rescission and reformation;
refunds; return of property.--In a suit brought under
subsection (b)(2)(B), the Commission may seek, and the court
may order, with respect to the violation that gives rise to the
suit, restitution for losses, rescission or reformation of
contracts, refund of money, or return of property.
``(2) Disgorgement.--In a suit brought under subsection
(b)(2)(B), the Commission may seek, and the court may order,
disgorgement of any unjust enrichment that a person,
partnership, or corporation obtained as a result of the
violation that gives rise to the suit.
``(3) Calculation.--Any amount that a person, partnership,
or corporation is ordered to pay under paragraph (2) with
respect to a violation shall be offset by any amount such
person, partnership, or corporation is ordered to pay, and the
value of any property such person, partnership, or corporation
is ordered to return, under paragraph (1) with respect to such
violation.
``(4) Limitations period.--
``(A) In general.--A court may not order equitable
relief under this subsection with respect to any
violation occurring before the period that begins on
the date that is 10 years before the date on which the
Commission files the suit in which such relief is
sought.
``(B) Calculation.--For purposes of calculating the
beginning of the period described in subparagraph (A),
any time during which an individual against which the
equitable relief is sought is outside of the United
States shall not be counted.''.
(b) Conforming Amendments; Technical Correction.--Section 16(a)(2)
of the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended--
(1) in subparagraph (A), by striking ``(relating to
injunctive relief)'';
(2) in subparagraph (B), by striking ``(relating to
consumer redress)''; and
(3) in subparagraph (D), by striking ``subpena'' and
inserting ``subpoena''.
(c) Applicability.--The amendments made by this section shall apply
with respect to any action or proceeding that is pending on, or
commenced on or after, the date of the enactment of this Act.
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