I 

118TH CONGRESS 

2D SESSION H. R. 9665 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2024 

Ms. SCHAKOWSKY (for herself and Mr. CA ́RDENAS) 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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consumer Protection 

5 and Recovery Act’’. 


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1 SEC. 2. FTC AUTHORITY TO SEEK PERMANENT INJUNC2 TIONS AND OTHER EQUITABLE RELIEF. 

3 (a) PERMANENT INJUNCTIONS AND OTHER EQUI4 TABLE RELIEF.—Section 13 of the Federal Trade Com5 mission Act (15 U.S.C. 53) is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (1), by inserting ‘‘has 

8 violated,’’ after ‘‘corporation’’; 

9 (B) in paragraph (2)— 

10 (i) by striking ‘‘that’’ and inserting 

11 ‘‘that either (A)’’; and 

12 (ii) by striking ‘‘final,’’ and inserting 

13 ‘‘final; or (B) the permanent enjoining 

14 thereof or the ordering of equitable relief 

15 under subsection (e),’’; and 

16 (C) in the matter following paragraph 

17 (2)— 

18 (i) by striking ‘‘to enjoin any such act 

19 or practice’’; 

20 (ii) by striking ‘‘Upon’’ and inserting 

21 ‘‘In a suit under paragraph (2)(A), upon’’; 

22 (iii) by striking ‘‘without bond’’; 

23 (iv) by striking ‘‘proper cases’’ and in24 serting ‘‘a suit under paragraph (2)(B)’’; 

25 (v) by striking ‘‘injunction.’’ and in26 serting ‘‘injunction, equitable relief under 


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1 subsection (e), or such other relief as the 

2 court determines to be just and proper, in3 cluding temporary or preliminary equitable 

4 relief.’’; 

5 (vi) by striking ‘‘Any suit’’ and insert6 ing ‘‘Any suit under this subsection’’; and 

7 (vii) by striking ‘‘In any suit under 

8 this section’’ and inserting ‘‘In any such 

9 suit’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(e) EQUITABLE RELIEF.— 

12 ‘‘(1) RESTITUTION; CONTRACT RESCISSION AND

13 REFORMATION; REFUNDS; RETURN OF PROPERTY.— 

14 In a suit brought under subsection (b)(2)(B), the 

15 Commission may seek, and the court may order, 

16 with respect to the violation that gives rise to the 

17 suit, restitution for losses, rescission or reformation 

18 of contracts, refund of money, or return of property. 

19 ‘‘(2) DISGORGEMENT.—In a suit brought under 

20 subsection (b)(2)(B), the Commission may seek, and 

21 the court may order, disgorgement of any unjust en22 richment that a person, partnership, or corporation 

23 obtained as a result of the violation that gives rise 

24 to the suit. 


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1 ‘‘(3) CALCULATION.—Any amount that a per2 son, partnership, or corporation is ordered to pay 

3 under paragraph (2) with respect to a violation shall 

4 be offset by any amount such person, partnership, or 

5 corporation is ordered to pay, and the value of any 

6 property such person, partnership, or corporation is 

7 ordered to return, under paragraph (1) with respect 

8 to such violation. 

9 ‘‘(4) LIMITATIONS PERIOD.— 

10 ‘‘(A) IN GENERAL.—A court may not order 

11 equitable relief under this subsection with re12 spect to any violation occurring before the pe13 riod that begins on the date that is 10 years be14 fore the date on which the Commission files the 

15 suit in which such relief is sought. 

16 ‘‘(B) CALCULATION.—For purposes of cal17 culating the beginning of the period described 

18 in subparagraph (A), any time during which an 

19 individual against which the equitable relief is 

20 sought is outside of the United States shall not 

21 be counted.’’. 

22 (b) CONFORMING AMENDMENT.—Section 

23 16(a)(2)(A) of the Federal Trade Commission Act (15 

24 U.S.C. 56(a)(2)(A)) is amended by striking ‘‘(relating to 

25 injunctive relief)’’. 


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1 (c) APPLICABILITY.—The amendments made by this 

2 section shall apply with respect to any action or pro3 ceeding that is pending on, or commenced on or after, the 

4 date of the enactment of this Act. 

Æ 


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