IB 

★

Union Calendar No. 64 

117TH CONGRESS 

1ST SESSION H. R. 2668 

[Report No. 117–90, Part I] 

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 

APRIL 20, 2021 

Mr. CA ́RDENAS (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 

JULY 16, 2021 

Additional sponsors: Ms. NORTON, Mr. TAKANO, Mr. KRISHNAMOORTHI, Mr. 

TONKO, Ms. BONAMICI, Ms. DEGETTE, Mrs. AXNE, Mr. WELCH, Ms. 

DELBENE, Mr. LYNCH, Mr. COSTA, Mr. HORSFORD, Mr. MICHAEL F. 

DOYLE of Pennsylvania, Mr. TRONE, Ms. SPEIER, Ms. STRICKLAND, Ms. 

JOHNSON of Texas, Mr. SARBANES, Ms. ESHOO, Mr. RUIZ, Ms. BLUNT

ROCHESTER, Mr. DANNY K. DAVIS of Illinois, Ms. PORTER, Ms. 

BARRAGA ́N, Mr. CARSON, Mr. BUTTERFIELD, Mr. CICILLINE, Mrs. 

HAYES, Ms. LEGER FERNANDEZ, Mr. LOWENTHAL, Ms. TLAIB, Mr. 

CASTEN, Ms. WILLIAMS of Georgia, Ms. ROSS, and Mr. RASKIN


kjohnson on DSK79L0C42PROD with BILLS
2 

HR 2668 RH1S 

JULY 16, 2021 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 16, 2021 

Committee on the Judiciary discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 20, 2021] 

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. 


kjohnson on DSK79L0C42PROD with BILLS
3 

HR 2668 RH1S 

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’’. 

6 SEC. 2. FTC AUTHORITY TO SEEK PERMANENT INJUNC7 TIONS AND OTHER EQUITABLE RELIEF. 

8 (a) PERMANENT INJUNCTIONS AND OTHER EQUI9 TABLE RELIEF.—Section 13 of the Federal Trade Commis10 sion Act (15 U.S.C. 53) is amended— 

11 (1) in subsection (b)— 

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

13 violated,’’ after ‘‘corporation’’; 

14 (B) in paragraph (2)— 

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

16 ‘‘that either (A)’’; and 

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

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

19 thereof or the ordering of equitable relief 

20 under subsection (e),’’; and 

21 (C) in the matter following paragraph 

22 (2)— 

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

24 or practice’’; 


kjohnson on DSK79L0C42PROD with BILLS
4 

HR 2668 RH1S 

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

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

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

4 (iv) by striking ‘‘proper cases’’ and in5 serting ‘‘a suit under paragraph (2)(B)’’; 

6 (v) by striking ‘‘injunction.’’ and in7 serting ‘‘injunction, equitable relief under 

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

9 court determines to be just and proper, in10 cluding temporary or preliminary equitable 

11 relief.’’; 

12 (vi) by striking ‘‘Any suit’’ and insert13 ing ‘‘Any suit under this subsection’’; and 

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

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

16 suit’’; and 

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

18 ‘‘(e) EQUITABLE RELIEF.— 

19 ‘‘(1) RESTITUTION; CONTRACT RESCISSION AND

20 REFORMATION; REFUNDS; RETURN OF PROPERTY.—In 

21 a suit brought under subsection (b)(2)(B), the Com22 mission may seek, and the court may order, with re23 spect to the violation that gives rise to the suit, res24 titution for losses, rescission or reformation of con25 tracts, refund of money, or return of property. 


kjohnson on DSK79L0C42PROD with BILLS
5 

HR 2668 RH1S 

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

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

3 the court may order, disgorgement of any unjust en4 richment that a person, partnership, or corporation 

5 obtained as a result of the violation that gives rise to 

6 the suit. 

7 ‘‘(3) CALCULATION.—Any amount that a person, 

8 partnership, or corporation is ordered to pay under 

9 paragraph (2) with respect to a violation shall be off10 set by any amount such person, partnership, or cor11 poration is ordered to pay, and the value of any 

12 property such person, partnership, or corporation is 

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

14 to such violation. 

15 ‘‘(4) LIMITATIONS PERIOD.— 

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

17 equitable relief under this subsection with respect 

18 to any violation occurring before the period that 

19 begins on the date that is 10 years before the 

20 date on which the Commission files the suit in 

21 which such relief is sought. 

22 ‘‘(B) CALCULATION.—For purposes of calcu23 lating the beginning of the period described in 

24 subparagraph (A), any time during which an 

25 individual against which the equitable relief is 


kjohnson on DSK79L0C42PROD with BILLS
6 

HR 2668 RH1S 

1 sought is outside of the United States shall not 

2 be counted.’’. 

3 (b) CONFORMING AMENDMENT.—Section 16(a)(2)(A) 

4 of the Federal Trade Commission Act (15 U.S.C. 

5 56(a)(2)(A)) is amended by striking ‘‘(relating to injunctive 

6 relief)’’. 

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

8 section shall apply with respect to any action or proceeding 

9 that is pending on, or commenced on or after, the date of 

10 the enactment of this Act. 


kjohnson on DSK79L0C42PROD with BILLS

kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 64 

117TH CONGRESS 

1ST SESSION H. R. 2668 

[Report No. 117–90, Part I] 

A BILL 

To amend the Federal Trade Commission Act to 

provision of law enforced by the Commission. and other equitable relief for violations of any Trade Commission to seek permanent injunctions affirmatively confirm the authority of the Federal 

JULY 16, 2021 

Reported from the Committee on Energy and Commerce 

with an amendment 

JULY 16, 2021 

Committee on the Judiciary discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


kjohnson on DSK79L0C42PROD with BILLS