- ConsumersAllows FTC to obtain restitution, refunds, and contract rescission to return money and property to consumers.
- Permitting processPermits disgorgement of unjust enrichment, potentially increasing monetary recoveries for harmed consumers.
- Potential benefitBroader remedies could increase deterrence, potentially reducing fraudulent or unfair business practices.
Consumer Protection and Recovery Act
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 co…
This bill amends Section 13 of the Federal Trade Commission Act to expressly authorize the FTC to seek permanent injunctions and a range of equitable monetary remedies in district court suits. It adds a new subsection allowing restitution, contract rescission or reformation, refunds, return of property, and disgorgement of unjust enrichment, with offsets to avoid double recovery.
Left emphasizes consumer compensation and deterrence benefits
Relative to its intended legislative type, this bill provides a focused and concrete statutory expansion and clarification of the FTC’s remedial powers, with precise amendments to the U.S. Code that specify available equitable remedies and important limits (offsets and a 10‑year lookback).
This bill amends Section 13 of the Federal Trade Commission Act to expressly authorize the FTC to seek permanent injunctions and a range of equitable monetary remedies in district court suits.
It adds a new subsection allowing restitution, contract rescission or reformation, refunds, return of property, and disgorgement of unjust enrichment, with offsets to avoid double recovery.
The bill sets a 10-year lookback limit for equitable relief (excluding time a defendant was outside the U.S.), makes a conforming change to section 16, and applies to pending and future actions.
Substantive but narrow fix to agency remedial authority with moderate bipartisan appeal; litigation risk and business pushback lower but meaningful prospects of compromise.
Relative to its intended legislative type, this bill provides a focused and concrete statutory expansion and clarification of the FTC’s remedial powers, with precise amendments to the U.S. Code that specify available equitable remedies and important limits (offsets and a 10‑year lookback).
Left emphasizes consumer compensation and deterrence benefits
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenExpanding equitable authority may increase compliance and litigation costs for businesses facing FTC enforcement.
- Federal agenciesAuthorities could bring more enforcement actions, increasing federal regulatory reach over commercial activity.
- Potential burdenDisgorgement and broad equitable remedies may prompt constitutional or procedural legal challenges, increasing uncertai…
Why the argument around this bill splits.
Left emphasizes consumer compensation and deterrence benefits
Generally favorable: sees the bill as restoring and clarifying FTC tools to compensate consumers and deter wrongdoing after court limits.
Views monetary equitable relief and contract rescission as necessary enforcement remedies.
Some advocates might still press for additional consumer-centered safeguards or broader timelines, but overall supportive.
Cautiously supportive: appreciates clarified FTC powers to secure consumer remedies, but wants clear procedural limits and safeguards to prevent overreach or excessive costs.
Views the 10-year limit and offset rule as useful constraints, but seeks clarity on disgorgement calculation and judicial review.
Generally opposed: views the bill as expanding administrative power and exposing businesses to larger monetary remedies.
Concerns focus on separation of powers, increased litigation, and regulatory unpredictability.
May accept narrow clarifications, but resists broad equitable disgorgement authority.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Substantive but narrow fix to agency remedial authority with moderate bipartisan appeal; litigation risk and business pushback lower but meaningful prospects of compromise.
- Level of organized industry/legal opposition
- Committee willingness to advance amid competing priorities
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Left emphasizes consumer compensation and deterrence benefits
Substantive but narrow fix to agency remedial authority with moderate bipartisan appeal; litigation risk and business pushback lower but me…
Relative to its intended legislative type, this bill provides a focused and concrete statutory expansion and clarification of the FTC’s remedial powers, with precise amendments to the U.S. Code that specify available eq…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.