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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 injunc-
tions 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 subse-
quently 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 
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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 affirma-
tively confirm the authority of the Federal Trade Com-
mission to seek permanent injunctions and other equi-
table relief for violations of any provision of law enforced 
by the Commission. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Consumer Protection 
and Recovery Act’’. 
SEC. 2. FTC AUTHORITY TO SEEK PERMANENT INJUNC-
TIONS AND OTHER EQUITABLE RELIEF. 
(a) PERMANENT INJUNCTIONS
AND OTHER EQUI-
TABLE RELIEF.—Section 13 of the Federal Trade Commis-
sion Act (15 U.S.C. 53) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘has 
violated,’’ after ‘‘corporation’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘that’’ and inserting 
‘‘that either (A)’’; and 
(ii) by striking ‘‘final,’’ and inserting 
‘‘final; or (B) the permanent enjoining 
thereof or the ordering of equitable relief 
under subsection (e),’’; and 
(C) in the matter following paragraph 
(2)— 
(i) by striking ‘‘to enjoin any such act 
or practice’’; 
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(ii) by striking ‘‘Upon’’ and inserting 
‘‘In a suit under paragraph (2)(A), upon’’; 
(iii) by striking ‘‘without bond’’; 
(iv) by striking ‘‘proper cases’’ and in-
serting ‘‘a suit under paragraph (2)(B)’’; 
(v) by striking ‘‘injunction.’’ and in-
serting ‘‘injunction, equitable relief under 
subsection (e), or such other relief as the 
court determines to be just and proper, in-
cluding temporary or preliminary equitable 
relief.’’; 
(vi) by striking ‘‘Any suit’’ and insert-
ing ‘‘Any suit under this subsection’’; and 
(vii) by striking ‘‘In any suit under 
this section’’ and inserting ‘‘In any such 
suit’’; and 
(2) by adding at the end the following: 
‘‘(e) EQUITABLE RELIEF.— 
‘‘(1) RESTITUTION; CONTRACT RESCISSION AND 
REFORMATION; REFUNDS; RETURN OF PROPERTY.—In 
a suit brought under subsection (b)(2)(B), the Com-
mission may seek, and the court may order, with re-
spect to the violation that gives rise to the suit, res-
titution for losses, rescission or reformation of con-
tracts, refund of money, or return of property. 
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‘‘(2) DISGORGEMENT.—In a suit brought under 
subsection (b)(2)(B), the Commission may seek, and 
the court may order, disgorgement of any unjust en-
richment that a person, partnership, or corporation 
obtained as a result of the violation that gives rise to 
the suit. 
‘‘(3) CALCULATION.—Any amount that a person, 
partnership, or corporation is ordered to pay under 
paragraph (2) with respect to a violation shall be off-
set by any amount such person, partnership, or cor-
poration is ordered to pay, and the value of any 
property such person, partnership, or corporation is 
ordered to return, under paragraph (1) with respect 
to such violation. 
‘‘(4) LIMITATIONS PERIOD.— 
‘‘(A) IN GENERAL.—A court may not order 
equitable relief under this subsection with respect 
to any violation occurring before the period that 
begins on the date that is 10 years before the 
date on which the Commission files the suit in 
which such relief is sought. 
‘‘(B) CALCULATION.—For purposes of calcu-
lating the beginning of the period described in 
subparagraph (A), any time during which an 
individual against which the equitable relief is 
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sought is outside of the United States shall not 
be counted.’’. 
(b) CONFORMING AMENDMENT.—Section 16(a)(2)(A) 
of the Federal Trade Commission Act (15 U.S.C. 
56(a)(2)(A)) is amended by striking ‘‘(relating to injunctive 
relief)’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any action or proceeding 
that is pending on, or commenced on or after, the date of 
the enactment of this Act. 
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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 
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. 
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 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
VerDate Sep 11 2014 
03:37 Jul 20, 2021
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