Should we allow the FTC to seek monetary relief for consumers?

This bill has Passed the House of Representatives
Bill Summary

The Federal Trade Commission’s authority to award monetary relief for consumers has been called into question due to the Supreme Court’s recent ruling in AMG Capital Management LLC v. Federal Trade Commission. H.R. 2668 affirms the FTC’s authority to award monetary relief for consumers and seek relief for consumers even if the harm is no longer actively occurring. Source: Rep. Tony Cárdenas (Democrat, California, District 29)
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Opponents say

    "The Chamber supports giving the FTC the authority it needs to pursue actual fraud cases and to seek monetary relief for genuinely harmed consumers who should be made whole. However, H.R. 2668 is not narrowly tailored to address these universally shared goals... The bill’s grant of blanket authority allows the FTC to seek monetary relief in cases where the consumer retains significant value from a product or service. It is important where fraud is not being alleged that such cases be treated in a more nuanced fashion when it comes to the FTC’s ability to seek monetary relief as a remedy."

Source: US Chamber of Commerce

Proponents say

    "The COVID-19 pandemic has given rise to an increase of scams and fraud that prey on consumers’ fears and financial insecurities. The FTC’s ability to return money taken from Americans through scams or fraud is under attack in the courts. Inaction is not an option and will only embolden these bad actors. That is why I am proud to introduce the Consumer Protection and Recovery Act along with my colleagues from the Consumer Protection and Commerce Subcommittee to restore and protect the FTC’s authority to put money back in the pockets of hard-working Americans." 

Source: Rep. Tony Cárdenas (Democrat, California, District 29)


    "[Recent court decisions] hamper the Commission’s longstanding ability to protect consumers by

enjoining defendants from resuming their unlawful activities when the conduct has stopped but

there is a reasonable likelihood that the defendants will resume their unlawful activities in the future …Overall, these recent decisions have significantly limited the Commission’s primary and

most effective tool for providing refunds to harmed consumers, and, if Congress does not act

promptly, the FTC will be far less effective in its ability to protect consumers and execute its law

enforcement mission.

Source: Rebecca Slaughter (Acting Chairwoman of the Federal Trade Commission)


    "As a result of the COVID-19 pandemic, many consumers are more financially vulnerable than ever before and rely on federal and state enforcers to protect their interests and return their hard-earned money when they have been defrauded. If the FTC does not have the ability to obtain monetary relief and redress harms, consumers will be the ones who lose out. Our federal partners at the FTC are vital in the fight to protect consumers, which is why I urge Congress to support consumers and honest businesses by restoring these essential enforcement tools."

Source: Letitia James (New York Attorney General)