II 

117TH CONGRESS 

1ST SESSION H. R. 2668 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2021 

Received 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 and Recovery Act’’. 

4 SEC. 2. FTC AUTHORITY TO SEEK PERMANENT INJUNC5 TIONS AND OTHER EQUITABLE RELIEF. 

6 (a) PERMANENT INJUNCTIONS AND OTHER EQUI7 TABLE RELIEF.—Section 13 of the Federal Trade Com8 mission Act (15 U.S.C. 53) is amended— 

9 (1) in subsection (b)— 

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

11 violated,’’ after ‘‘corporation’’; 

12 (B) in paragraph (2)— 

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

14 ‘‘that either (A)’’; and 

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

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

17 thereof or the ordering of equitable relief 

18 under subsection (e),’’; and 

19 (C) in the matter following paragraph 

20 (2)— 

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

22 or practice’’; 

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

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

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


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1 (iv) by striking ‘‘proper cases’’ and in2 serting ‘‘a suit under paragraph (2)(B)’’; 

3 (v) by striking ‘‘injunction.’’ and in4 serting ‘‘injunction, equitable relief under 

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

6 court determines to be just and proper, in7 cluding temporary or preliminary equitable 

8 relief.’’; 

9 (vi) by striking ‘‘Any suit’’ and insert10 ing ‘‘Any suit under this subsection’’; and 

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

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

13 suit’’; and 

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

15 ‘‘(e) EQUITABLE RELIEF.— 

16 ‘‘(1) RESTITUTION; CONTRACT RESCISSION AND

17 REFORMATION; REFUNDS; RETURN OF PROPERTY.— 

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

19 Commission may seek, and the court may order, 

20 with respect to the violation that gives rise to the 

21 suit, restitution for losses, rescission or reformation 

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

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

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

25 the court may order, disgorgement of any unjust enVerDate Sep 11 2014 02:07 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2668.RDS H2668

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1 richment that a person, partnership, or corporation 

2 obtained as a result of the violation that gives rise 

3 to the suit. 

4 ‘‘(3) CALCULATION.—Any amount that a per5 son, partnership, or corporation is ordered to pay 

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

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

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

9 property such person, partnership, or corporation is 

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

11 to such violation. 

12 ‘‘(4) LIMITATIONS PERIOD.— 

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

14 equitable relief under this subsection with re15 spect to any violation occurring before the pe16 riod that begins on the date that is 10 years be17 fore the date on which the Commission files the 

18 suit in which such relief is sought. 

19 ‘‘(B) CALCULATION.—For purposes of cal20 culating the beginning of the period described 

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

22 individual against which the equitable relief is 

23 sought is outside of the United States shall not 

24 be counted.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 

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

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

4 injunctive relief)’’. 

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

6 section shall apply with respect to any action or pro7 ceeding that is pending on, or commenced on or after, the 

8 date of the enactment of this Act. 

Passed the House of Representatives July 20, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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