“A bill to amend section 13 of the Federal Trade Commission Act to provide for equitable relief, and for other purposes.”
No CRS summary available for this bill.
This section amends Section 13(b) of the Federal Trade Commission Act to expand the Federal Trade Commission's (FTC's) authority to seek federal court injunctions upon a showing that a person has violated, is violating, or is about to violate any law enforced by the Commission (previously limited to current or imminent violations). It further authorizes the FTC, in suits under new paragraph (b)(2)(B), to seek permanent injunctions or equitable remedies under new subsection (e)—including (1) restitution for consumer loss, contract rescission or reformation, and refunds (available for claims arising no more than 10 years before suit filing); and (2) disgorgement of unjust enrichment obtained in the 10 years preceding suit filing (offset by any restitution ordered)—with time outside the U.S. excluded from limitations calculations. (Thus, these remedies enable the FTC to recover ill-gotten gains and compensate harmed consumers for FTC Act violations and other enforced laws, such as those prohibiting unfair or deceptive acts or practices.) The section makes conforming amendments to Section 16(a), including technical corrections, and applies all changes to actions commenced on or after enactment.