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Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2026-07-30
Source: Congress.gov
Currently in
The Federal Trade Commission would gain clearer legal authority to ask courts for permanent injunctions and other court orders to stop companies from breaking consumer protection laws that the agency enforces. This change would make it easier for the FTC to prevent harmful business practices before they happen or continue, affecting companies that violate rules about deceptive advertising, unfair competition, and consumer fraud. The bill essentially confirms powers that the FTC has been using but wants to have explicitly stated in law.
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[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10003 Introduced in House (IH)] <DOC> 119th CONGRESS 2d Session H. R. 10003 To amend the Federal Trade Commission Act to affirmatively confirm the authority of the Federal Trade Commission to seek permanent injunctions and other equitable relief for violations of any provision of law enforced by the Commission. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES July 30, 2026 Ms. Schakowsky (for herself, Ms. Clarke of New York, and Mr. Menendez) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Federal Trade Commission Act to affirmatively confirm the authority of the Federal Trade Commission to seek permanent injunctions and other equitable relief for violations of any provision of law enforced by the Commission. 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 and Recovery Act''. SEC. 2. FTC AUTHORITY TO SEEK PERMANENT INJUNCTIONS AND OTHER EQUITABLE RELIEF. (a) Permanent Injunctions and Other Equitable Relief.--Section 13 of the Federal Trade Commission Act (15 U.S.C. 53) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``has violated,'' after ``corporation''; (B) in paragraph (2)-- (i) by striking ``that'' and inserting ``that either (A)''; and (ii) by striking ``final,'' and inserting ``final; or (B) the permanent enjoining thereof or the ordering of equitable relief under subsection (e),''; and (C) in the matter following paragraph (2)-- (i) by striking ``to enjoin any such act or practice''; (ii) by striking ``Upon'' and inserting ``In a suit under paragraph (2)(A), upon''; (iii) by striking ``without bond''; (iv) by striking ``proper cases'' and inserting ``a suit under paragraph (2)(B)''; (v) by striking ``injunction.'' and inserting ``injunction, equitable relief under subsection (e), or such other relief as the court determines to be just and proper, including temporary or preliminary equitable relief.''; (vi) by striking ``Any suit'' and inserting ``Any suit under this subsection''; and (vii) by striking ``In any suit under this section'' and inserting ``In any such suit''; and (2) by adding at the end the following: ``(e) Equitable Relief.-- ``(1) Restitution; contract rescission and reformation; refunds; return of property.--In a suit brought under subsection (b)(2)(B), the Commission may seek, and the court may order, with respect to the violation that gives rise to the suit, restitution for losses, rescission or reformation of contracts, refund of money, or return of property. ``(2) Disgorgement.--In a suit brought under subsection (b)(2)(B), 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 the violation that gives rise to the suit. ``(3) Calculation.--Any amount that a person, partnership, or corporation is ordered to pay under paragraph (2) with respect to a violation shall be offset by any amount such person, partnership, or corporation is ordered to pay, and the value of any property such person, partnership, or corporation is ordered to return, under paragraph (1) with respect to such violation. ``(4) Limitations period.-- ``(A) In general.--A court may not order equitable relief under this subsection with respect to any violation occurring before the period that begins on the date that is 10 years before the date on which the Commission files the suit in…
which such relief is sought. ``(B) Calculation.--For purposes of calculating the beginning of the period described in subparagraph (A), any time during which an individual against which the equitable relief is sought is outside of the United States shall not be counted.''. (b) Conforming Amendment.--Section 16(a)(2)(A) of the Federal Trade Commission Act (15 U.S.C. 56(a)(2)(A)) is amended by striking ``(relating to injunctive relief)''. (c) Applicability.--The amendments made by this section shall apply with respect to any action or proceeding that is pending on, or commenced on or after, the date of the enactment of this Act. <all>
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