[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5075 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 5075

   To prohibit deceptive acts or practices in connection with public 
              health emergencies resulting from COVID-19.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2020

  Ms. Cantwell (for herself and Mr. Wicker) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To prohibit deceptive acts or practices in connection with public 
              health emergencies resulting from COVID-19.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19 Consumer Protection Act''.

SEC. 2. PROHIBITING DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH THE 
              NOVEL CORONAVIRUS.

    (a) In General.--For the duration of a public health emergency 
declared pursuant to section 319 of the Public Health Service Act (42 
U.S.C. 247d) as a result of confirmed cases of the 2019 novel 
coronavirus (COVID-19), including any renewal thereof, it shall be 
unlawful for any person, partnership, or corporation to engage in a 
deceptive act or practice in or affecting commerce in violation of 
section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) that 
is associated with--
            (1) the treatment, cure, prevention, mitigation, or 
        diagnosis of COVID-19; or
            (2) a government benefit related to COVID-19.
    (b) Enforcement by the Federal Trade Commission.--
            (1) Violation.--A violation of subsection (a) shall be 
        treated as a violation of a rule defining an unfair or 
        deceptive act or practice prescribed under section 18(a)(1)(B) 
        of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the federal trade commission.--
                    (A) In general.--The Federal Trade Commission shall 
                enforce subsection (a) 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 a part of this section.
                    (B) Privileges and immunities.--Any person who 
                violates this section shall be subject to the penalties 
                and entitled to the privileges and immunities provided 
                in the Federal Trade Commission Act.
            (3) Effect on other laws.--Nothing in this section shall be 
        construed to limit the authority of the Federal Trade 
        Commission under any other provision of law.
    (c) Severability.--If any provision of this section, or the 
application thereof to any person or circumstance, is held invalid, the 
remainder of this section and the application of such provision to 
other persons not similarly situated or to other circumstances shall 
not be affected by the invalidation.
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