‘‘(iv) Mortgage servicers (as such 
term is defined in section 6(i) of the Real 
Estate Settlement Procedures Act of 1974 
(12 U.S.C. 2605(i)(2)) carrying out mort-
gage loan modifications. 
‘‘(v) Any person who performs credit 
services for such person’s employer while 
receiving a regular salary or wage when 
the employer is not engaged in the busi-
ness of offering or providing debt settle-
ment service. 
‘‘(vi) An organization that is described 
in section 501(c)(3) and subject to section 
501(q) of the Internal Revenue Code of 
1986 and exempt from tax under section 
501(a) of such Code. 
‘‘(vii) Public officers while acting in 
their official capacities and persons acting 
under court order. 
‘‘(viii) Any person while performing 
services incidental to the dissolution, wind-
ing up, or liquidating of a partnership, cor-
poration, or other business enterprise. 
‘‘(7) DEBT SETTLEMENT SERVICE.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘debt settlement 
service’ means— 
‘‘(i) offering to provide advice or serv-
ice, or to act or acting as an intermediary 
between or on behalf of a consumer and 
one or more of a consumer’s creditors, 
where the primary purpose of the advice, 
service, or action is to obtain a settlement, 
adjustment, or satisfaction of the con-
sumer’s debt to a creditor in an amount 
less than the full amount of the principal 
amount of the debt or in an amount less 
than the current outstanding balance of 
the debt; or 
‘‘(ii) offering to provide services re-
lated to or providing services advising, en-
couraging, assisting, or counseling a con-
sumer to accumulate funds for the primary 
purpose of proposing, obtaining, or seeking 
to obtain a settlement, adjustment, or sat-
isfaction of the consumer’s debt to a cred-
itor in an amount less than the full 
amount of the principal amount of the debt 
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or in an amount less than the current out-
standing balance of the debt. 
‘‘(B) EXCEPTION.—The term ‘debt settle-
ment service’ does not include services of an at-
torney in providing information, advice, or legal 
representation with respect to filing a case or 
proceeding under title 11, United States Code. 
‘‘(8) ENROLLMENT FEE.—The term ‘enrollment 
fee’ means any fee, obligation, or compensation paid 
or to be paid by the consumer to a debt settlement 
provider in consideration of or in connection with es-
tablishing a contract or other agreement with a con-
sumer related to the provision of debt settlement 
service. 
‘‘(9) MAINTENANCE FEE.—The term ‘mainte-
nance fee’ means any fee, obligation, or compensa-
tion paid or to be paid by a consumer on a periodic 
basis to a debt settlement provider in consideration 
of maintaining the relationship and services to be 
provided by a debt settlement provider in accordance 
with a contract with a consumer related to the provi-
sion of debt settlement service. 
‘‘(10) PRINCIPAL AMOUNT OF THE DEBT.—The 
term ‘principal amount of the debt’ means the total 
amount or outstanding balance owed by a consumer 
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to one or more creditors for a debt that is included 
in a contract for debt settlement service at the time 
when the consumer enters into a contract for debt 
settlement service pursuant to section 1002(a). 
‘‘(11) SETTLEMENT
FEE.—The term ‘settle-
ment fee’ means any fee, obligation, or compensation 
paid or to be paid by a consumer to a debt settle-
ment provider in consideration of or in connection 
with an agreement or other arrangement on the part 
of a creditor to accept less than the principal 
amount of the debt as satisfaction of the creditor’s 
claim against the consumer. 
‘‘SEC. 1002. REQUIRED ACTS. 
‘‘(a) CONTRACT REQUIRED.— 
‘‘(1) IN GENERAL.—A debt settlement provider 
may not provide a debt settlement service to a con-
sumer or receive any fee from a consumer for a debt 
settlement service without a written contract de-
scribed in paragraph (2) that is signed by the con-
sumer. 
‘‘(2) CONTRACT
CONTENTS.—A contract de-
scribed in this paragraph is a contract between a 
debt settlement provider and a consumer for debt 
settlement services that includes the following: 
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‘‘(A) The name and address of the con-
sumer. 
‘‘(B) The date of execution of the contract. 
‘‘(C) The legal name of the debt settlement 
provider, including any other business names 
used by the debt settlement provider. 
‘‘(D) The corporate address and regular 
business address, including a street address, of 
the debt settlement provider. 
‘‘(E) The license or registration number 
under which the debt settlement provider is li-
censed or registered if the consumer resides in 
a State that requires a debt settlement provider 
to obtain a license or registration as a condition 
of providing debt settlement service in that 
State. 
‘‘(F) The telephone number at which the 
consumer may speak with a representative of 
the debt settlement provider during normal 
business hours. 
‘‘(G) A complete list of the consumer’s ac-
counts, debts, and obligations covered under the 
debt settlement service covered by the contract, 
including the name of each creditor and prin-
cipal amount of each debt. 
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‘‘(H) A description of the services to be 
provided by the debt settlement provider, in-
cluding the expected timeframe for settlement 
for each account, debt, or obligation included in 
subparagraph (G). 
‘‘(I) A clear and conspicuous itemized list 
of all fees, including any enrollment fee and set-
tlement fees to be paid by the consumer to the 
debt settlement provider, and the date, approxi-
mate date, or circumstances under which each 
fee will become due. 
‘‘(J) A clear and conspicuous statement of 
a good faith estimate of the total amount of all 
fees to be collected by the debt settlement pro-
vider from the consumer for the provision of 
debt settlement service under the contract. 
‘‘(K) A clear and conspicuous statement of 
the proposed savings goals for the consumer, 
stating the amount to be saved per month or 
other period, the time period over which the 
savings goals extend, and the total amount of 
the savings expected to be paid by the consumer 
pursuant to the terms of the contract. 
‘‘(L) A notice to the consumer that unless 
the consumer is insolvent, if a creditor settles a 
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debt for an amount less than the consumer’s 
current outstanding balance at the time of set-
tlement, the consumer may incur a tax liability. 
‘‘(M) A written notice to the consumer, 
which includes a form that the consumer may 
use and the address to which the form may be 
returned to the debt settlement provider, that 
the consumer may cancel the contract pursuant 
to the provisions of section 1006. 
‘‘(N) A clear and conspicuous written no-
tice to the consumer that— 
‘‘(i) the consumer may cancel the con-
tract— 
‘‘(I) within 90 days of— 
‘‘(aa) the execution of the 
contract; or 
‘‘(bb) the provision of the 
notice of the right to cancel and 
cancellation form; or 
‘‘(II) at any time in the event of 
a violation of this title on the part of 
the debt settlement provider; and 
‘‘(ii) in the case the consumer cancels 
the contract as described in clause (i)— 
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‘‘(I) the consumer will be entitled 
to a full refund— 
‘‘(aa) of all fees and com-
pensation paid by the consumer 
to the debt settlement provider, 
except any settlement fee; and 
‘‘(bb) of all funds provided 
by the consumer to the debt set-
tlement provider for a consumer 
settlement account, except for 
funds actually paid to a creditor 
on behalf of the consumer, under 
the terms of the contract for debt 
settlement service; and 
‘‘(II) all powers of attorney 
granted to the debt settlement pro-
vider by the consumer will be revoked 
and voided. 
‘‘(b) NOTIFICATION REQUIRED.—A debt settlement 
provider shall, before the earlier of the date of entering 
into a written contract with a consumer for debt settle-
ment services or rendering debt settlement services to a 
consumer, provide to the consumer in writing the fol-
lowing: 
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‘‘(iii) may result in the consumer 
being sued by one or more creditors or 
debt collectors, and in the garnishment of 
the consumer’s wages; and 
‘‘(iv) may increase the amount of 
money the consumer owes to one or more 
creditors or debt collectors due to the im-
position by the creditor of interest charges, 
late fees, and other penalty fees; and 
‘‘(E) any savings the consumer realizes 
from use of a debt settlement service may be 
taxable income. 
‘‘(c) DETERMINATION OF BENEFIT TO CONSUMERS 
REQUIRED.—A debt settlement provider may not enter 
into a written contract with a consumer unless the debt 
settlement provider makes written determinations, sup-
ported by the financial analysis, that— 
‘‘(1) the consumer can reasonably meet the re-
quirements of the proposed debt settlement program 
included in the debt settlement service offered to the 
consumer, including the fees and the periodic sav-
ings amounts set forth in the savings goals under 
the program; 
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‘‘(2) there is a net tangible financial benefit to 
the consumer of entering into the proposed debt set-
tlement program; and 
‘‘(3) the debt settlement program is suitable for 
the consumer at the time the contract is to be 
signed. 
‘‘(d) CHOICE OF LANGUAGE.—If a debt settlement 
provider communicates with a consumer primarily in a 
language other than English, the debt settlement provider 
shall furnish to the consumer a translation of the disclo-
sures and documents required by this title in that other 
language. 
‘‘(e) MONTHLY STATEMENTS REQUIRED.—A debt 
settlement provider shall, not less frequently than month-
ly, provide each consumer with which it has a contract 
for the provision of debt settlement service a statement 
of account balances, fees paid, settlements completed, re-
maining debts, and any other term considered appropriate 
by the Commission. 
‘‘SEC. 1003. PROHIBITED ACTS. 
‘‘(a) LOANS.—A debt settlement provider may not 
make loans or offer credit or solicit or accept any note, 
mortgage, or negotiable instrument other than a check 
signed by the consumer and dated no later than the date 
of signature. 
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‘‘(b) CONFESSION OF JUDGMENT.—A debt settle-
ment provider may not take any confession of judgment 
or power of attorney to confess judgment against the con-
sumer or appear as the consumer or on behalf of the con-
sumer in any judicial or non-judicial proceedings. 
‘‘(c) RELEASE OR WAIVER OF OBLIGATION.—A debt 
settlement provider may not take any release or waiver 
of any obligation to be performed on the part of the debt 
settlement provider or any right of the consumer. 
‘‘(d) RECEIPT OF THIRD-PARTY COMPENSATION.— 
A debt settlement provider may not receive any cash, fee, 
gift, bonus, premium, reward, or other compensation from 
any person other than the consumer explicitly for the pro-
vision of debt settlement service to that consumer, without 
prior disclosure of such to the consumer. 
‘‘(e) CONFIDENTIALITY.—A debt settlement provider 
may not (without prior written consent of the consumer) 
disclose to anyone the name or any personal information 
of a consumer for whom the debt settlement provider has 
provided or is providing debt settlement service other than 
to a consumer’s own creditors or the debt settlement pro-
vider’s agents, affiliates, or contractors for the purpose of 
providing debt or settlement service. 
‘‘(f) MISREPRESENTATION, OMISSION, AND FALSE 
PROMISES.—A debt settlement provider may not mis-
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represent, directly or by implication, any material fact, 
make a material omission, or make a false promise di-
rected to one or more consumers in connection with the 
solicitation, offering, contracting or provision of debt set-
tlement service, including the following: 
‘‘(1) The total costs to purchase, receive, or use 
the services, or the nature of the services to be pro-
vided. 
‘‘(2) Any material restriction, limitation, or con-
dition to receive the offered debt settlement service. 
‘‘(3) Any material aspect of the performance, 
efficacy, nature, or central characteristics of the of-
fered debt settlement service. 
‘‘(4) Any material aspect of the nature of terms 
of the seller’s cancellation policies. 
‘‘(5) Any claim of affiliation with, or endorse-
ment or sponsorship by, any person or government 
entity. 
‘‘(6) Any material aspect of any debt settlement 
service, including the following: 
‘‘(A) The amount of time necessary to 
achieve settlement of all debt. 
‘‘(B) The amount of money or the percent-
age of the debt amount that the consumer must 
accumulate before the provider will initiate at-
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tempts with the consumer’s creditors or debt 
collectors to settle the debt. 
‘‘(C) The effect of the service on a con-
sumer’s creditworthiness. 
‘‘(D) Whether the provider is a nonprofit 
or a for-profit entity. 
‘‘(g) PURCHASING OF DEBTS.—A debt settlement 
provider may not purchase debts or engage in the practice 
or business of debt collection. 
‘‘(h) SECURED DEBT.—A debt settlement provider 
may not include in a debt settlement agreement any se-
cured debt. 
‘‘(i) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A debt settlement provider may not employ any unfair, 
unconscionable, or deceptive act or practice, including the 
knowing omission of any material information. 
‘‘(j) LIMITATION ON COMMUNICATION.—A debt set-
tlement provider may not— 
‘‘(1) obtain a power of attorney or other au-
thorization from a consumer that prohibits or limits 
the consumer or any creditor from communication 
directly with one another; or 
‘‘(2) represent, expressly or by implication, that 
a consumer cannot or should not contact or commu-
nicate with any creditor. 
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‘‘SEC. 1004. FEES. 
‘‘(a) TYPES OF FEES PERMITTED.—The types of fees 
that a debt settlement provider may charge a consumer 
are the following: 
‘‘(1) Enrollment fees. 
‘‘(2) Settlement fees. 
‘‘(b) TYPES OF FEES PROHIBITED.—All fee types 
not included under subsection (a) are prohibited, including 
maintenance fees. 
‘‘(c) ENROLLMENT FEE AMOUNTS.—The amount of 
an enrollment fee charged by a debt settlement provider 
shall not exceed the lesser of— 
‘‘(1) the amount that is reasonable and com-
mensurate to the debt settlement service provided to 
a consumer; and 
‘‘(2) $50. 
‘‘(d) DEBT
SETTLEMENT
FEE
AMOUNTS.—The 
amount of a settlement fee charged by a debt settlement 
provider shall not exceed the lesser of— 
‘‘(1) the amount that is reasonable and com-
mensurate to the debt settlement service provided to 
a consumer; and 
‘‘(2) the amount that is 5 percent of the dif-
ference between— 
‘‘(A) the principal amount of that debt; 
and 
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‘‘(B) the amount— 
‘‘(i) paid by the debt settlement pro-
vider to the creditor pursuant to a settle-
ment negotiated by the debt settlement 
provider on behalf of the consumer as full 
and complete satisfaction of the creditor’s 
claim with regard to that debt; or 
‘‘(ii) negotiated by the debt settlement 
provider and paid by the consumer to the 
creditor pursuant to a settlement nego-
tiated by the debt settlement provider on 
behalf of the consumer as full and com-
plete satisfaction of the creditor’s claim 
with regard to that debt. 
‘‘(e) TIMING OF DEBT SETTLEMENT FEES.—A debt 
settlement provider shall not collect any debt settlement 
fee from a consumer until— 
‘‘(1) a creditor enters into a legally enforceable 
agreement with the consumer to accept funds in a 
specific dollar amount as full and complete satisfac-
tion of the creditor’s claim with regard to that debt; 
and 
‘‘(2) those funds are provided— 
‘‘(A) by the debt settlement provider on 
behalf of the consumer; or 
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‘‘(B) directly by the consumer to the cred-
itor pursuant to a settlement negotiated by the 
debt settlement provider. 
‘‘SEC. 1005. CONSUMER SETTLEMENT ACCOUNTS. 
‘‘(a) TRUST ACCOUNT REQUIRED.—A debt settle-
ment provider who receives funds from a consumer shall 
hold all funds received for a consumer settlement account 
in a properly designated trust account in a federally in-
sured depository institution. Such funds shall remain the 
property of the consumer until the debt settlement pro-
vider disburses the funds to a creditor on behalf of the 
consumer as full or partial satisfaction of the consumer’s 
debt to the creditor or the creditor’s claim against the con-
sumer. 
‘‘(b) 
INDEPENDENT
ADMINISTRATION
OF
AC-
COUNT.—A debt settlement provider may not hold funds 
received for a consumer settlement account under sub-
section (a) in an account administered by an entity that— 
‘‘(1) is owned by, controlled by, or in any way 
affiliated with the debt settlement service provider; 
or 
‘‘(2) gives or accepts any money or other com-
pensation in exchange for referrals of business in-
volving the debt settlement service provider. 
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‘‘(c) LIMITATIONS.—A debt settlement service pro-
vider shall not— 
‘‘(1) be named on a consumer’s bank account; 
‘‘(2) take a power of attorney in a consumer’s 
bank account; 
‘‘(3) create a demand draft on a consumer’s 
bank account; 
‘‘(4) exercise any control over any bank account 
held by or on behalf of the consumer; or 
‘‘(5) obtain any information about a consumer’s 
bank account from any person other than the con-
sumer. 
‘‘SEC. 1006. CANCELLATION OF CONTRACT. 
‘‘(a) IN GENERAL.—A consumer may cancel a con-
tract with a debt settlement provider at any time. 
‘‘(b) REFUNDS.— 
‘‘(1) CANCELLATION WITHIN 90 DAYS OR UPON 
VIOLATION OF THIS TITLE.—If a consumer cancels 
a contract with a debt settlement provider not later 
than 90 days after the date of the execution of the 
contract or at any time upon a violation of a provi-
sion of this title by the debt settlement provider, the 
debt settlement provider shall refund to the con-
sumer all— 
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‘‘(A) fees paid to the debt settlement pro-
vider by the consumer, with the exception of 
any earned settlement fee; and 
‘‘(B) funds paid by the consumer to the 
debt settlement provider that— 
‘‘(i) have accumulated in a consumer 
settlement account; and 
‘‘(ii) the debt settlement provider has 
not disbursed to creditors. 
‘‘(2) CANCELLATIONS
AFTER
DAYS.—If a 
consumer cancels a contract with a debt settlement 
provider later than 90 days after the date of the exe-
cution of the contract and for any reason other than 
for a violation of a provision of this title by the debt 
settlement provider, the debt settlement provider 
shall refund to the consumer— 
‘‘(A) half of all of the fees collected from 
the consumer, with the exception of any earned 
settlement fees; and 
‘‘(B) all funds paid by the consumer to the 
debt settlement provider that have accumulated 
in a consumer settlement account and which the 
debt service provider has not disbursed to credi-
tors. 
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‘‘(3) TIMING OF REFUNDS.—A debt settlement 
provider shall make any refund required under this 
subsection not later than 5 business days after a no-
tice of cancellation is made on behalf of the con-
sumer under subsection (d). 
‘‘(4) STATEMENT OF ACCOUNT.—A debt settle-
ment provider making a refund to a consumer under 
this subsection shall include with such refund a full 
statement of account showing the following: 
‘‘(A) The fees received by the debt settle-
ment provider from the consumer. 
‘‘(B) The fees refunded to the consumer by 
the debt settlement provider. 
‘‘(C) The savings of the consumer held by 
the debt settlement provider. 
‘‘(D) The payments made by the debt set-
tlement provider to creditors on behalf of the 
consumer. 
‘‘(E) The settlement fees earned, if any, by 
the debt settlement provider by settling debt on 
behalf of the consumer. 
‘‘(F) The savings of the consumer re-
funded to the consumer by the debt settlement 
provider. 
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‘‘(c) REVOCATION OF POWERS OF ATTORNEY AND 
DIRECT DEBIT AUTHORIZATIONS.—Upon cancellation of 
a contract by a consumer— 
‘‘(1) all powers of attorney and direct debit au-
thorizations granted to the debt settlement provider 
by the consumer are revoked and voided; and 
‘‘(2) the debt settlement provider shall imme-
diately take any action necessary to reflect cancella-
tion of the contract, including notifying the recipient 
of any direct debit authorization. 
‘‘(d) NOTICE OF CANCELLATION TO CREDITORS.— 
Upon the cancellation of a contract under this section of 
the Act, the debt settlement provider shall provide timely 
notice of the cancellation of such contract to each of the 
creditors with whom the debt settlement provider has had 
any prior communication on behalf of the consumer in 
connection with the provision of any debt settlement serv-
ice. 
‘‘SEC. 1007. OBLIGATION OF GOOD FAITH. 
‘‘A debt settlement provider shall act in good faith 
in all matters under this title. 
‘‘SEC. 1008. INVALIDATION OF CONTRACTS. 
‘‘(a) CONSUMER WAIVERS INVALID.—A waiver by a 
consumer of any protection provided or any right of the 
consumer under this title— 
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‘‘(1) is void; and 
‘‘(2) may not be enforced by any other person. 
‘‘(b) ATTEMPT TO OBTAIN WAIVER.—Any attempt 
by any person to obtain a waiver from any consumer of 
any protection provided by or any right or protection of 
the consumer or any obligation or requirement of the debt 
settlement provider under this title shall be considered a 
violation of a provision of this title. 
‘‘(c) CONTRACTS NOT IN COMPLIANCE.—Any con-
tract for a debt settlement service that does not comply 
with the provisions of this title— 
‘‘(1) shall be treated as void; 
‘‘(2) may not be enforced by any other person; 
and 
‘‘(3) upon notice of a void contract, a refund by 
the debt settlement provider to the consumer shall 
be made as if the contract had been cancelled as 
provided in section 1006(b)(1) of this title. 
‘‘SEC. 1009. ADVERTISING, MARKETING, AND COMMUNICA-
TION PRACTICES. 
‘‘A debt settlement provider shall not state or imply 
claims, results, or outcomes in any advertising, marketing, 
or other communication with consumers that represent or 
reflect results or outcomes, including about the percentage 
or dollar amount by which debt may be reduced or the 
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amount a consumer may save or the historical experience 
of its customers with respect to debt reduction, that— 
‘‘(1) are materially different from the actual av-
erage result or outcome achieved by that debt settle-
ment provider on all of the debt of consumers who 
enter the program; or 
‘‘(2) are not verified by an independent audit 
that documents that the described result or outcome 
was achieved for all debt enrolled in the program by 
at least 80 percent of the customers who began the 
service in the most recent 2 calendar year period. 
‘‘SEC. 1010. RULEMAKING BY FEDERAL TRADE COMMIS-
SION. 
‘‘(a) IN GENERAL.—The Commission may prescribe 
rules with respect to advertising and marketing practices, 
record retention, provision of accountings to consumers, 
and such other matters as the Commission considers nec-
essary to improve the consumer experience with debt set-
tlement providers. 
‘‘(b) DEBT RELIEF SERVICE RULES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Commission may prescribe rules with 
respect to the providers of debt relief service not 
otherwise covered by this title. 
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‘‘(2) EXCEPTION.—Any rule prescribed under 
paragraph (1) shall not be applicable to or otherwise 
include services provided by those persons or entities 
identified 
in 
section 
1001(6)(B) 
or 
section 
1001(7)(B). 
‘‘(3) DEBT RELIEF SERVICE DEFINED.—In this 
subsection, the term ‘debt relief service’ means any 
service represented, directly or by implication, to re-
negotiate, or in any way alter the terms of payment 
or other terms of the debt between a consumer and 
one or more unsecured creditors or debt collectors, 
including a reduction in the balance, interest rate, or 
fees owed by a consumer to an unsecured creditor or 
debt collector. 
‘‘(c) PROCEDURE.—All rulemaking under this title 
shall be conducted in accordance with section 553 of title 
5, United States Code, and shall not be subject to other 
procedures set forth in section 18 of the Federal Trade 
Commission Act (15 U.S.C. 57a). 
‘‘SEC. 1011. CIVIL LIABILITY. 
‘‘(a) LIABILITY ESTABLISHED.—Any debt settlement 
provider who fails to comply with any provision of this 
title with respect to any consumer shall be liable to such 
consumer in an amount equal to the sum of the amounts 
determined under each of the following: 
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‘‘(1) ACTUAL DAMAGES.—The greater of— 
‘‘(A) the amount of any actual damage 
sustained by such consumer as a result of such 
failure; or 
‘‘(B) any amount paid by the consumer to 
the debt settlement provider. 
‘‘(2) STATUTORY DAMAGES.—An amount deter-
mined by the court of not less than $1,000 nor more 
than $5,000 per violation. 
‘‘(3) PUNITIVE DAMAGES.— 
‘‘(A) INDIVIDUAL ACTIONS.—In the case of 
any action by an individual, such additional 
amount as the court may allow. 
‘‘(B) CLASS ACTIONS.—In the case of a 
class action, the sum of— 
‘‘(i) the aggregate of the amount 
which the court may allow for each named 
plaintiff; and 
‘‘(ii) the aggregate of the amount 
which the court may allow for each other 
class member, without regard to any min-
imum individual recovery. 
‘‘(4) ATTORNEYS’ FEES.—In the case of any 
successful action to enforce any liability under para-
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graph (1), (2), or (3), the costs of the action, to-
gether with reasonable attorneys’ fees. 
‘‘(b) FACTORS TO BE CONSIDERED IN AWARDING 
PUNITIVE DAMAGES.—In determining the amount of any 
liability of any debt settlement provider under subsection 
(a)(2), the court shall consider, among other relevant fac-
tors— 
‘‘(1) the frequency and persistence of non-
compliance by the debt settlement provider; 
‘‘(2) the nature of the noncompliance; 
‘‘(3) the extent to which such noncompliance 
was intentional; and 
‘‘(4) in the case of any class action, the number 
of consumers adversely affected. 
‘‘SEC. 1012. ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION. 
‘‘(a) IN GENERAL.—The Commission shall enforce 
the provisions of this title in the same manner, by the 
same means, and with the same jurisdiction, powers, and 
duties as though all applicable terms and provisions of the 
Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
were incorporated into and made part of this title. 
‘‘(b) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A failure to comply with a provision of this title or a viola-
tion of a rule prescribed under section 1010 shall be treat-
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