[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4145 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4145

To amend section 13 of the Federal Trade Commission Act to provide for 
               equitable relief, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2022

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

_______________________________________________________________________

                                 A BILL


 
To amend section 13 of the Federal Trade Commission Act to provide for 
               equitable relief, and for other purposes.

    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 ``Consumer Protection Remedies Act of 
2022''.

SEC. 2. AMENDMENTS TO THE FEDERAL TRADE COMMISSION ACT.

    (a) In General.--Section 13 of the Federal Trade Commission Act (15 
U.S.C. 53) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``is violating, 
                or is about to violate,'' and inserting ``has violated, 
                is violating, or is about to violate'';
                    (B) in paragraph (2)--
                            (i) by inserting ``either (A)'' before 
                        ``the enjoining thereof''; and
                            (ii) by inserting ``or (B) the permanent 
                        enjoining thereof or the ordering of an 
                        equitable remedy under subsection (e)'' after 
                        ``final,''; and
                    (C) in the flush text following paragraph (2)--
                            (i) by striking ``to enjoin any such act or 
                        practice'' and inserting ``to obtain such 
                        injunction or remedy'';
                            (ii) by striking ``Upon a proper showing 
                        that'' and inserting ``In a case brought under 
                        paragraph (2)(A), upon a proper showing that'';
                            (iii) by striking ``such action'' and 
                        inserting ``a temporary restraining order or 
                        preliminary injunction'';
                            (iv) by striking ``without bond'';
                            (v) by striking ``That in proper cases the 
                        Commission may seek, and after proper proof, 
                        the court may issue, a permanent injunction'' 
                        and inserting ``That in a case brought under 
                        paragraph (2)(B), after proper proof and upon a 
                        showing that a permanent injunction or 
                        equitable remedy under subsection (e) would be 
                        in the public interest, the court may issue a 
                        permanent injunction, an equitable remedy under 
                        subsection (e), or any other relief as the 
                        court determines to be just and proper, 
                        including temporary or preliminary equitable 
                        relief'';
                            (vi) by striking ``Any suit may'' and 
                        inserting ``Any suit under paragraph (2) may''; 
                        and
                            (vii) by striking ``any suit under this 
                        section'' and inserting ``any such suit''; and
            (2) by adding at the end the following new subsection:
    ``(e) Equitable Remedies.--
            ``(1) Restitution; contract rescission and reformation.--
                    ``(A) In general.--In a suit brought under 
                subsection (b)(2)(B) with respect to a violation of a 
                provision of law enforced by the Commission, the 
                Commission may seek, and the court may order--
                            ``(i) restitution for consumer loss 
                        resulting from such violation;
                            ``(ii) rescission or reformation of 
                        contracts; and
                            ``(iii) the refund of money or return of 
                        property.
                    ``(B) Limitations period.--Relief under this 
                paragraph shall not be available for a claim arising 
                more than 10 years before the filing of the 
                Commission's suit under subsection (b)(2)(B) with 
                respect to the violation that gave rise to the claim.
            ``(2) Disgorgement.--
                    ``(A) In general.--In a suit brought under 
                subsection (b)(2)(B) with respect to a violation of a 
                provision of law enforced by the Commission, 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 
                that violation.
                    ``(B) Calculation.--Any disgorgement that is 
                ordered with respect to a person, partnership, or 
                corporation under subparagraph (A) shall be offset by 
                any amount of restitution that the person, partnership, 
                or corporation is ordered to pay under paragraph (1).
                    ``(C) Limitations period.--Disgorgement under this 
                paragraph shall be limited to any unjust enrichment a 
                person, partnership, or corporation obtained in the 10 
                years preceding the filing of the Commission's suit 
                under subsection (b)(2)(B) with respect to the 
                violation that resulted in such unjust enrichment.
            ``(3) Calculation of limitations periods.--For purposes of 
        calculating any limitations period with respect to a claim for 
        relief under paragraph (1) or a disgorgement order under 
        paragraph (2), any time in which a person, partnership, or 
        corporation against which such relief or order is sought is 
        outside the United States shall not be counted for purposes of 
        calculating such period.''.
    (b) Conforming and Technical Amendments.--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 commenced on or after 
the date of enactment of this Act.
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