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 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 Com-
mission 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’’; 
(ii) by striking ‘‘Upon’’ and inserting 
‘‘In a suit under paragraph (2)(A), upon’’; 
(iii) by striking ‘‘without bond’’; 
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(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 
Commission may seek, and the court may order, 
with respect to the violation that gives rise to the 
suit, restitution for losses, rescission or reformation 
of contracts, refund of money, or return of property. 
‘‘(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-
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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 per-
son, partnership, or corporation is ordered to pay 
under paragraph (2) with respect to a violation shall 
be offset by any amount such person, partnership, or 
corporation 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 re-
spect to any violation occurring before the pe-
riod that begins on the date that is 10 years be-
fore the date on which the Commission files the 
suit in which such relief is sought. 
‘‘(B) CALCULATION.—For purposes of cal-
culating the beginning of the period described 
in subparagraph (A), any time during which an 
individual against which the equitable relief is 
sought is outside of the United States shall not 
be counted.’’. 
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(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 pro-
ceeding that is pending on, or commenced on or after, the 
date of the enactment of this Act. 
Passed the House of Representatives July 20, 2021. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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