This bill provides statutory authority for the factors that the Federal Trade Commission must consider when determining whether a practice causes or is likely to cause a substantial injury to consumers (the factors generally mirror the current policy of the commission).

For example, the commission must consider whether the practice results in monetary harm, unwarranted health or safety risk, and only emotional or subjective harm. Further, to be considered an unfair practice, the net effects (including consideration of the costs for a remedy and the resulting burden on society from making the practice unlawful) must cause injury.

The commission also must consider an economic analysis from the Bureau of Economics.