H.R. 10003

119 HR 10003 IH: Consumer Protection and Recovery Act
 U.S. House of Representatives
 2026-07-30
 text/xml
 EN
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 I  119th CONGRESS  2d Session  H. R. 10003  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.
1.
Short title
This Act may be cited as the   Consumer Protection and Recovery Act  .
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.