Consumer Protection and Recovery Act

Bill: 117-hr-2668
Sponsor: full_name: Rep. Cárdenas, Tony [D-CA-29]
Introduced: 2021-04-20
Policy area: Commerce
Subjects: Administrative remedies

Civil actions and liability

Competition and antitrust

Consumer affairs

Contracts and agency

Federal Trade Commission (FTC)

Fraud offenses and financial crimes

Judicial review and appeals

Marketing and advertising
Latest action: action_date: 2021-07-21
text: Received in the Senate.

Summaries:
action_date: 2021-04-20
action_desc: Introduced in House
text: <p><strong>Consumer Protection and Recovery Act</strong></p> <p>This bill authorizes the Federal Trade Commission (FTC) to seek monetary relief in federal court from businesses that engage in unlawful commercial practices such as false advertising, consumer fraud, and anticompetitive conduct.</p> <p>Specifically, the FTC may seek restitution in these cases for losses, rescission or reformation of contracts, refund of money, return of property, or disgorgement of unjust enrichment.</p> <p>On April 22, 2021, the Supreme Court held in <em>AMG Capital Management, LLC v. Federal Trade Commission</em> that the Federal Trade Commission Act does not authorize the FTC to seek, or a court to award, such relief.</p>

action_date: 2021-07-16
action_desc: Reported to House, Part I
text: <p><strong>Consumer Protection and Recovery Act</strong></p> <p>This bill authorizes the Federal Trade Commission (FTC) to seek monetary relief in federal court from businesses that engage in unlawful commercial practices such as false advertising, consumer fraud, and anticompetitive conduct.</p> <p>Specifically, the FTC may seek restitution in these cases for losses, rescission or reformation of contracts, refund of money, return of property, or disgorgement of unjust enrichment.</p> <p>On April 22, 2021, the Supreme Court held in <em>AMG Capital Management, LLC v. Federal Trade Commission</em> that the Federal Trade Commission Act does not authorize the FTC to seek, or a court to award, such relief.</p>

action_date: 2021-07-20
action_desc: Passed House
text: <p><strong>Consumer Protection and Recovery Act</strong></p> <p>This bill authorizes the Federal Trade Commission (FTC) to seek monetary relief in federal court from businesses that engage in unlawful commercial practices such as false advertising, consumer fraud, and anticompetitive conduct.</p> <p>Specifically, the FTC may seek restitution in these cases for losses, rescission or reformation of contracts, refund of money, return of property, or disgorgement of unjust enrichment.</p> <p>On April 22, 2021, the Supreme Court held in <em>AMG Capital Management, LLC v. Federal Trade Commission</em> that the Federal Trade Commission Act does not authorize the FTC to seek, or a court to award, such relief.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 2668 IN THE HOUSE OF REPRESENTATIVES April 20, 2021 Mr. Cárdenas (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 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.

1. Short title This Act may be cited as the Consumer Protection and Recovery Act . 2. FTC authority to seek permanent injunctions and other equitable relief (a) Permanent injunctions and other equitable relief Section 13 of the Federal Trade Commission 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 ; (iv) by striking proper cases and inserting a suit under paragraph (2)(B) ; (v) by striking injunction. and inserting injunction, equitable relief under subsection (e), or such other relief as the court determines to be just and proper, including temporary or preliminary equitable relief. ; (vi) by striking Any suit and inserting 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 enrichment 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 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 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 calculating 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. . (b) Conforming amendments; technical correction Section 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (1) in subparagraph (A), by striking (relating to injunctive relief) ; (2) in subparagraph (B), by striking (relating to consumer redress) ; and (3) in subparagraph (D), by striking subpena and inserting subpoena . (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.

tv_txt: I 117th CONGRESS 1st Session H. R. 2668 IN THE HOUSE OF REPRESENTATIVES 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. Short title This Act may be cited as the Consumer Protection and Recovery Act . 2. FTC authority to seek permanent injunctions and other equitable relief (a) Permanent injunctions and other equitable relief Section 13 of the Federal Trade Commission 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 ; (iv) by striking proper cases and inserting a suit under paragraph (2)(B) ; (v) by striking injunction. and inserting injunction, equitable relief under subsection (e), or such other relief as the court determines to be just and proper, including temporary or preliminary equitable relief. ; (vi) by striking Any suit and inserting 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 enrichment 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 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 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 calculating 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. . (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.

Passed the House of Representatives July 20, 2021. Cheryl L. Johnson, Clerk.

tv_txt: 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. Short title This Act may be cited as the Consumer Protection and Recovery Act . 2. FTC authority to seek permanent injunctions and other equitable relief (a) Permanent injunctions and other equitable relief Section 13 of the Federal Trade Commission 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 ; (iv) by striking proper cases and inserting a suit under paragraph (2)(B) ; (v) by striking injunction. and inserting injunction, equitable relief under subsection (e), or such other relief as the court determines to be just and proper, including temporary or preliminary equitable relief. ; (vi) by striking Any suit and inserting 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 enrichment 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 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 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 calculating 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. . (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.

Passed the House of Representatives July 20, 2021. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 64 117th CONGRESS 1st Session H. R. 2668 [Report No. 117–90, Part I] IN THE HOUSE OF REPRESENTATIVES April 20, 2021 Mr. Cárdenas (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. Barragán , 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 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.

1. Short title This Act may be cited as the Consumer Protection and Recovery Act . 2. FTC authority to seek permanent injunctions and other equitable relief (a) Permanent injunctions and other equitable relief Section 13 of the Federal Trade Commission 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 ; (iv) by striking proper cases and inserting a suit under paragraph (2)(B) ; (v) by striking injunction. and inserting injunction, equitable relief under subsection (e), or such other relief as the court determines to be just and proper, including temporary or preliminary equitable relief. ; (vi) by striking Any suit and inserting 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 enrichment 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 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 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 calculating 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. . (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.

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