Senate Commerce Committee Advances 13(b) FTC Authority Restoration Bill

The Senate Commerce Committee today advanced S. 4145, the Consumer Protection Remedies Act of 2022, filed by Senator Maria Cantwell. The bill explicitly authorizes the Federal Trade Commission to seek monetary relief for injured consumers in federal court and to require bad actors to return money obtained through illegal actions. The amendment to the FTC Act restores a key piece of the FTC’s Section 13(b) power, which the FTC previously used to obtain restitution and disgorgement for wronged consumers until the Supreme Court recently limited this authority in AMG Capital Management v. FTC. EPIC and a coalition of groups sent a letter to the Committee supporting the bill. In July 2021, the House passed a similar bill. EPIC has long called for greater protection of consumer privacy through FTC enforcement and the imposition of financial penalties against companies who engage in unfair data practices. Last year, EPIC published a report that highlighted a number of key authorities that the FTC should use to address emerging privacy threats.