II 

117TH CONGRESS 

2D SESSION S. 4145 

To amend section 13 of the Federal Trade Commission Act to provide for 

equitable relief, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2022 

Ms. CANTWELL (for herself, Ms. KLOBUCHAR, Mr. WARNOCK, and Mr. 

LUJA ́N) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend section 13 of the Federal Trade Commission Act 

to provide for equitable relief, 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 ‘‘Consumer Protection 

5 Remedies Act of 2022’’. 

6 SEC. 2. AMENDMENTS TO THE FEDERAL TRADE COMMIS7 SION ACT. 

8 (a) IN GENERAL.—Section 13 of the Federal Trade 

9 Commission Act (15 U.S.C. 53) is amended— 

10 (1) in subsection (b)— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4145 IS

1 (A) in paragraph (1), by striking ‘‘is vio2 lating, or is about to violate,’’ and inserting 

3 ‘‘has violated, is violating, or is about to vio4 late’’; 

5 (B) in paragraph (2)— 

6 (i) by inserting ‘‘either (A)’’ before 

7 ‘‘the enjoining thereof’’; and 

8 (ii) by inserting ‘‘or (B) the perma9 nent enjoining thereof or the ordering of 

10 an equitable remedy under subsection (e)’’ 

11 after ‘‘final,’’; and 

12 (C) in the flush text following paragraph 

13 (2)— 

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

15 or practice’’ and inserting ‘‘to obtain such 

16 injunction or remedy’’; 

17 (ii) by striking ‘‘Upon a proper show18 ing that’’ and inserting ‘‘In a case brought 

19 under paragraph (2)(A), upon a proper 

20 showing that’’; 

21 (iii) by striking ‘‘such action’’ and in22 serting ‘‘a temporary restraining order or 

23 preliminary injunction’’; 

24 (iv) by striking ‘‘without bond’’; 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4145 IS

1 (v) by striking ‘‘That in proper cases 

2 the Commission may seek, and after prop3 er proof, the court may issue, a permanent 

4 injunction’’ and inserting ‘‘That in a case 

5 brought under paragraph (2)(B), after 

6 proper proof and upon a showing that a 

7 permanent injunction or equitable remedy 

8 under subsection (e) would be in the public 

9 interest, the court may issue a permanent 

10 injunction, an equitable remedy under sub11 section (e), or any other relief as the court 

12 determines to be just and proper, including 

13 temporary or preliminary equitable relief’’; 

14 (vi) by striking ‘‘Any suit may’’ and 

15 inserting ‘‘Any suit under paragraph (2) 

16 may’’; and 

17 (vii) by striking ‘‘any suit under this 

18 section’’ and inserting ‘‘any such suit’’; 

19 and 

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(e) EQUITABLE REMEDIES.— 

23 ‘‘(1) RESTITUTION; CONTRACT RESCISSION AND

24 REFORMATION.— 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4145 IS

1 ‘‘(A) IN GENERAL.—In a suit brought 

2 under subsection (b)(2)(B) with respect to a 

3 violation of a provision of law enforced by the 

4 Commission, the Commission may seek, and the 

5 court may order— 

6 ‘‘(i) restitution for consumer loss re7 sulting from such violation; 

8 ‘‘(ii) rescission or reformation of con9 tracts; and 

10 ‘‘(iii) the refund of money or return of 

11 property. 

12 ‘‘(B) LIMITATIONS PERIOD.—Relief under 

13 this paragraph shall not be available for a claim 

14 arising more than 10 years before the filing of 

15 the Commission’s suit under subsection 

16 (b)(2)(B) with respect to the violation that gave 

17 rise to the claim. 

18 ‘‘(2) DISGORGEMENT.— 

19 ‘‘(A) IN GENERAL.—In a suit brought 

20 under subsection (b)(2)(B) with respect to a 

21 violation of a provision of law enforced by the 

22 Commission, the Commission may seek, and the 

23 court may order, disgorgement of any unjust 

24 enrichment that a person, partnership, or cor25 poration obtained as a result of that violation. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4145 IS

1 ‘‘(B) CALCULATION.—Any disgorgement 

2 that is ordered with respect to a person, part3 nership, or corporation under subparagraph (A) 

4 shall be offset by any amount of restitution that 

5 the person, partnership, or corporation is or6 dered to pay under paragraph (1). 

7 ‘‘(C) LIMITATIONS PERIOD.— 

8 Disgorgement under this paragraph shall be 

9 limited to any unjust enrichment a person, 

10 partnership, or corporation obtained in the 10 

11 years preceding the filing of the Commission’s 

12 suit under subsection (b)(2)(B) with respect to 

13 the violation that resulted in such unjust en14 richment. 

15 ‘‘(3) CALCULATION OF LIMITATIONS PERI16 ODS.—For purposes of calculating any limitations 

17 period with respect to a claim for relief under para18 graph (1) or a disgorgement order under paragraph 

19 (2), any time in which a person, partnership, or cor20 poration against which such relief or order is sought 

21 is outside the United States shall not be counted for 

22 purposes of calculating such period.’’. 

23 (b) CONFORMING AND TECHNICAL AMENDMENTS.— 

24 Section 16(a)(2) of the Federal Trade Commission Act 

25 (15 U.S.C. 56(a)(2)) is amended— 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4145 IS

1 (1) in subparagraph (A), by striking ‘‘(relating 

2 to injunctive relief)’’; 

3 (2) in subparagraph (B), by striking ‘‘(relating 

4 to consumer redress)’’; and 

5 (3) in subparagraph (D), by striking ‘‘subpena’’ 

6 and inserting ‘‘subpoena’’. 

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

8 section shall apply with respect to any action or pro9 ceeding that is commenced on or after the date of enact10 ment of this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS