II 

116TH CONGRESS 

2D SESSION S. 4385 

To prohibit unfair or deceptive acts or practices in connection with the 

public health emergency resulting from COVID–19, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2020 

Mr. UDALL (for himself, Mr. TESTER, Mr. BLUMENTHAL, Ms. KLOBUCHAR, 

Mr. CASEY, Mrs. FEINSTEIN, Mr. BROWN, and Mr. MENENDEZ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To prohibit unfair or deceptive acts or practices in connection 

with the public health emergency resulting from COVID– 

19, and for other purposes. 

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 ‘‘Stopping COVID 

5 Scams Act of 2020’’. 

6 SEC. 2. ENFORCEMENT OF THE FEDERAL TRADE COMMIS7 SION ACT RELATED TO COVID–19. 

8 (a) AUTHORITY OF THE FTC.— 


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1 (1) AUTHORITY.—Notwithstanding any other 

2 provision of law, any conduct described in paragraph 

3 (2) that the Commission finds to be an unfair or de4 ceptive act or practice, shall be treated as a violation 

5 of a regulation under section 18(a)(1)(B) of the 

6 Federal Trade Commission Act (15 U.S.C. 

7 57a(a)(1)(B)) regarding unfair or deceptive acts or 

8 practices. 

9 (2) CONDUCT DESCRIBED.—The conduct de10 scribed in this paragraph is any conduct, act, or 

11 practice that occurs during the public health emer12 gency declared on January 31, 2020, pursuant to 

13 section 319 of the Public Health Service Act (42 

14 U.S.C. 247d) as a result of confirmed cases of 

15 COVID–19, or any renewal thereof. 

16 (b) CONSIDERATIONS.—In determining whether un17 fair or deceptive acts or practices are associated with the 

18 public health emergency in subsection (a), the Commission 

19 shall consider— 

20 (1) whether the acts or practices involve goods 

21 or services explicitly advertised as related to the 

22 public health emergency; 

23 (2) whether the acts or practices involve goods 

24 or services for which consumer demand significantly 

25 increased in the time period beginning 30 days beVerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4385.IS S4385

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1 fore the declaration of the public health emergency 

2 until the public health emergency ends; or 

3 (3) whether the acts or practices relate to Fed4 eral or State Government responses to the COVID– 

5 19 pandemic, including public health response, such 

6 as testing and treatment of the disease, and eco7 nomic response, such as unemployment insurance or 

8 stimulus checks. 

9 (c) ENFORCEMENT.— 

10 (1) ENFORCEMENT BY FEDERAL TRADE COM11 MISSION.— 

12 (A) POWERS OF COMMISSION.—The Com13 mission shall enforce a violation described in 

14 subsection (a) in the same manner, by the same 

15 means, and with the same jurisdiction, powers, 

16 and duties as though all applicable terms and 

17 provisions of the Federal Trade Commission 

18 Act (15 U.S.C. 41 et seq.) were incorporated 

19 into and made a part of this Act. Any person 

20 who violates such subsection shall be subject to 

21 the penalties and entitled to the privileges and 

22 immunities provided in the Federal Trade Com23 mission Act. 

24 (B) EFFECT ON OTHER LAWS.—Nothing 

25 in this Act shall be construed in any way to 


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1 limit the authority of the Commission under 

2 any other provision of law. 

3 (2) ENFORCEMENT BY STATE ATTORNEYS GEN4 ERAL.— 

5 (A) IN GENERAL.—If the chief law en6 forcement officer of a State, or an official or 

7 agency designated by a State, has reason to be8 lieve that any person has violated or is violating 

9 subsection (a), the attorney general, official, or 

10 agency of the State, in addition to any author11 ity it may have to bring an action in State 

12 court under its consumer protection law, may 

13 bring a civil action in any appropriate United 

14 States district court or in any other court of 

15 competent jurisdiction, including a State court, 

16 to— 

17 (i) enjoin further such violation by 

18 such person; 

19 (ii) enforce compliance with such sub20 section; 

21 (iii) obtain civil penalties; and 

22 (iv) obtain damages, restitution, or 

23 other compensation on behalf of residents 

24 of the State. 


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1 (B) NOTICE AND INTERVENTION BY THE

2 FTC.—The attorney general of a State shall 

3 provide prior written notice of any action under 

4 subparagraph (A) to the Commission and pro5 vide the Commission with a copy of the com6 plaint in the action, except in any case in which 

7 such prior notice is not feasible, in which case 

8 the attorney general shall serve such notice im9 mediately upon instituting such action. The 

10 Commission shall have the right— 

11 (i) to intervene in the action; 

12 (ii) upon so intervening, to be heard 

13 on all matters arising therein; and 

14 (iii) to file petitions for appeal. 

15 (C) LIMITATION ON STATE ACTION WHILE

16 FEDERAL ACTION IS PENDING.—If the Commis17 sion has instituted a civil action for violation of 

18 this Act, no State attorney general, or official 

19 or agency of a State, may bring an action under 

20 this paragraph during the pendency of that ac21 tion against any defendant named in the com22 plaint of the Commission for any violation of 

23 this Act alleged in the complaint. 

24 (D) RELATIONSHIP WITH STATE-LAW

25 CLAIMS.—If the attorney general of a State has 


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1 authority to bring an action under State law di2 rected at acts or practices that also violate this 

3 Act, the attorney general may assert the State4 law claim and a claim under this Act in the 

5 same civil action. 

6 (3) SAVINGS CLAUSE.—Nothing in this Act 

7 shall preempt or otherwise affect any State or local 

8 law. 

9 (d) DEFINITIONS.—In this section: 

10 (1) COMMISSION.—The term ‘‘Commission’’ 

11 means the Federal Trade Commission. 

12 (2) STATE.—The term ‘‘State’’ means each of 

13 the several States, the District of Columbia, each 

14 commonwealth, territory, or possession of the United 

15 States, and each federally recognized Indian Tribe. 

Æ 


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