Increase in penalties for unfair or deceptive acts or practices exploiting reaction to certain emergencies and major disasters

(a)

Violations of prohibition against unfair or deceptive acts or practices

Section 5(m)(1) of the Federal Trade Commission Act (15 U.S.C. 45(m)(1)) is amended by adding at the end the following:

(D)In the case of a violation involving an unfair or deceptive act or practice in a national emergency period or disaster period, or relating to an international disaster, the amount of the civil penalty under this paragraph shall be double the amount otherwise provided in this paragraph, if the act or practice exploits popular reaction to the national emergency or major disaster that is the basis for such period, or to the international disaster. (E)In this paragraph— (i)the term national emergency period means the period that— (I)begins on the date the President declares a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.); and (II)ends on the expiration of the 1-year period beginning on the date of the termination of the national emergency; (ii)the term disaster period means the 1-year period beginning on the date the President declares an emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (iii)the term international disaster means any natural or man-made disaster in response to which the President furnishes assistance to any foreign country, international organization, or private voluntary organization pursuant to section 491 of the Foreign Assistance Act (22 U.S.C. 2292(b)).

(b)

Violations of other laws enforced by the Federal Trade Commission

Section 13 of the Federal Trade Commission Act (15 U.S.C. 53) is amended by adding at the end the following:

(e) (1)If a person, partnership, or corporation is found, in an action under subsection (b), to have committed a violation involving an unfair or deceptive act or practice in a national emergency period or a disaster period, or relating to an international disaster, and if the act or practice exploits popular reaction to the national emergency or major disaster that is the basis for such period, or to the international disaster, the court, after awarding equitable relief (if any) under any other authority of the court, shall hold the person, partnership, or corporation liable for a civil penalty of not more than $22,000 for each such violation. (2)In this subsection— (A)the term national emergency period means the period that— (i)begins on the date the President declares a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.); and (ii)ends on the expiration of the 1-year period beginning on the date of the termination of the national emergency; (B)the term disaster period means the 1-year period beginning on the date the President declares an emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (C)the term international disaster means any natural or man-made disaster in response to which the President furnishes assistance to any foreign country, international organization, or private voluntary organization pursuant to section 491 of the Foreign Assistance Act (22 U.S.C. 2292(b)).