S. 4145 – Consumer Protection Remedies Act of 2022

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Updated February 8, 2026 at 11:08 AM UTC

The Consumer Protection Remedies Act of 2022 amends Section 13 of the Federal Trade Commission Act to give the FTC broader authority to obtain equitable relief in enforcement actions. It lets the FTC seek various types of injunctions and consumer‑focused remedies such as restitution, contract rescission, refunds, and disgorgement of unjust enrichment. The changes apply to any FTC action filed after the law takes effect and affect businesses subject to FTC regulation as well as consumers harmed by unfair practices.

Key Provisions

Expands the definition of a violation to include actions that have violated, are violating, or are about to violate the law
Allows the FTC to obtain temporary restraining orders, preliminary injunctions, permanent injunctions, and other equitable relief
Adds a new subsection granting the FTC authority to seek restitution for consumer losses, contract rescission or reformation, refunds, and disgorgement of unjust enrichment
Sets a 10‑year limitation period for restitution and disgorgement claims, excluding time the defendant is outside the United States
Provides that any disgorgement ordered may be offset by restitution awarded
Makes technical conforming amendments to Section 16(a)(2), removing outdated references and correcting a typo from “subpena” to “subpoena

Legislative Activity

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2 earlier actions

SenateCommittee Latest Action

Committee on Commerce, Science, and Transportation. Failed to report favorably.

Commerce, Science, and Transportation Committee

May 11, 2022

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SenateIntro Referral

Introduced in Senate

May 4, 2022

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

May 4, 2022

SenateCommittee

Committee on Commerce, Science, and Transportation. Failed to report favorably.

Commerce, Science, and Transportation Committee

May 11, 2022

Floor Debate

1 member

What members said about S. 4145 on the floor

1 Democrat

Sen. Maria CantwellD-WA · May 26, 2022

Mr. President, I ask unanimous consent to print the attached letter in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 4, 2022

II

117th CONGRESS

2d Session

S. 4145

IN THE SENATE OF THE UNITED STATES

May 4, 2022

Ms. Cantwell (for herself, Ms. Klobuchar, Mr. Warnock, 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 2022.

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.