Sec. 403. Authority of Commission to seek permanent injunction and other equitable remedies
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/bill/116/s/4626/is/section-403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 13 of the Federal Trade Commission Act ( 15 U.S.C. 53 ) is amended— in subsection (b)— in paragraph (1), by striking is violating, or is about to violate, and inserting has violated, is violating, or is about to violate ; in paragraph (2)— by inserting either
(A)before the enjoining thereof ; and by inserting or
(B)the permanent enjoining thereof or the ordering of an equitable remedy under subsection
(e)after final, ; and in the flush text following paragraph (2)— by striking to enjoin any such act or practice and inserting to obtain such injunction or remedy ; by striking Upon a proper showing that and inserting In a case brought under paragraph (2)(A), upon a proper showing that ; by striking such action and inserting a temporary restraining order or preliminary injunction ; by striking without bond ; by striking That in proper cases the Commission may seek, and after proper proof, the court may issue, a permanent injunction. and inserting the following: 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. ; by inserting under paragraph
(2)after Any suit ; and by striking any suit under this section and inserting any such suit ; and by adding at the end the following new subsection: 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— restitution for consumer loss resulting from such violation; rescission or reformation of contracts; and the refund of money or return of property. 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. 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 obtained as a result of that violation. Any disgorgement that is ordered with respect to a person under subparagraph
(A)shall be offset by any amount of restitution that the person is ordered to pay under paragraph (1). 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. 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. . Section 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— in subparagraph (A), by striking (relating to injunctive relief) ; and in subparagraph (B), by striking (relating to consumer redress) . 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.
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Sec. 403
Authority of Commission to seek permanent injunction and other equitable remedies
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