S. 4311

119 S4311 IS: Consumer Protection Remedies Act of 2026
 U.S. Senate
 2026-04-15
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4311  IN THE SENATE OF THE UNITED STATES   April 15 (legislative day, April 14), 2026   Ms. Cantwell  (for herself,  Mr. Markey ,  Mr. Sanders ,  Mr. Blumenthal ,  Ms. Klobuchar , and  Mr. Luján ) 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.
1.
Short title
This Act may be cited as the   Consumer Protection Remedies Act of 2026  .
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.