,,ii #aahth ,,congress #ast ,session ,s4 #ajgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #cj1 #bjbc,mr4 ,lee 7for himself1 ,mr4 ,cruz1 ,mr4 ,hawley1 and ,mrs4 ,blackburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend section #ac of the ,federal ,trade ,commission ,act to provide for equitable relief1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,the ,consumer ,protection and ,due ,process ,act4 #b4 ,amendments to the ,federal ,trade ,commission ,act 7a7 ,provision of equitable relief2 authority ,to refer to the ,attorney ,general 7#a7 ,in general ,section #ac of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ec7 is amended by adding at the end the following3 7e7 ,equitable relief 7#a7 ,restitution2 contract rescission and reformation2 refunds2 return of property respecting unfair or deceptive acts or practices 7,a7 ,in general ,subject to paragraph 7#d71 in a suit brought under subsection 7b77#b77;,b71 the ,commission may seek1 and the court may order-- 7i7 restitution for consumer loss that the court has a sound basis to conclude resulted from such violation2 7ii7 rescission or reformation of contracts2 or 7iii7 the refund of property4 7,b7 ,limitations period ,in a suit brought under subsection 7b77#b77;,b71 the ,commission may bring a claim for relief under this paragraph not later than #c years after the date on which the violation that gives rise to the suit in which the ,commission seeks the claim occurs4 7#b7 ,disgorgement respecting unfair or deceptive acts or practices 7,a7 ,in general ,subject to paragraph 7#d71 in a suit brought under subsection 7b77#b77;,b71 the ,commission may seek1 and the court may order1 disgorgement of any unjust enrichment the court has a sound basis to conclude that a person1 partnership1 or corporation obtained as a result of that violation4 7,b7 ,calculation ,any amount that a court orders a person1 partnership1 or corporation to pay under subparagraph 7,a7 shall be offset by any amount a court orders the person1 partnership1 or corporation to pay or to return under paragraph 7#a77;,a7 and shall not exceed the net profits directly related to the violation by the person1 partnership1 or corporation4 7,c7 ,limitations period ,in a suit brought under subsection 7b77#b77;,b71 the ,commission may bring a claim for disgorgement under this paragraph not later than #c years after the date on which the violation that gives rise to the suit in which the ,commission seeks the claim occurs4 7#c7 ,calculation of limitations periods ,for purposes of calculating any limitations period under paragraph 7#a7 or 7#b71 any time in which a person1 partnership1 or corporation against which such equitable relief is sought is outside the ,united ,states shall not be counted for purposes of calculating such period4 7#d7 ,burden of proof2 presumption 7,a7 ,burden of proof ,the court may order equitable relief under paragraph 7#a7 or 7#b7 only if the ,commission proves that-- 7i7 the act or practice which relates to the violation that gives rise to the suit in which the ,commission seeks such relief is an act or practice that a reasonable individual would have known1 under the circumstances1 was unfair or deceptive within the meaning of section #e7;a77#a72 and 7ii7 a reasonable individual-- 7,i7 materially relied on such act or practice2 and 7,,ii7 such act or practice proximately caused harm to the individual4 7,b7 ,no presumption of material reliance ,for purposes of subparagraph 7,a77ii77,i71 the court may not presume that an individual materially relied on any unfair or deceptive acts or practices solely on the basis of a finding that such individual was exposed to such unfair or deceptive acts or practices4 7f7 ,referral by the ,commission ,in any action brought by the ,commission under this section involving an unfair method of competition in which the court rules in favor of the ,commission1 the ,commission may refer the action to the ,attorney ,general to collect actual damages under section #d;,a7b7 of the ,clayton ,act4 4 7#b7 ,conforming amendments ,section #ac of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ec7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,temporary restraining orders2 preliminary and permanent injunctions2 other relief ,whenever the ,commission has reason to believe-- 7#a7 that any person1 partnership1 or corporation has violated1 is violating1 or is about to violate any provision of law enforced by the ,federal ,trade ,commission2 and 7#b7 that either-- 7,a7 the enjoining thereof pending the issuance of a complaint by the ,commission and until such complaint is dismissed by the ,commission or set aside by the court on review1 or until the order of the ,commission made thereon has become final1 would be in the interest of the public2 or 7,b7 the permanent enjoining thereof or the ordering of equitable relief under subsection 7e7 would be in the interest of the public1 the ,commission by any of its attorneys designated by it for such purpose may bring suit in a district court of the ,united ,states to obtain such injunction or relief4 ,in a case brought under paragraph 7#b77;,a71 upon a proper showing that1 weighing the equities and considering the ,commission's likelihood of ultimate success1 a temporary restraining order or preliminary injunction would be in the public interest1 and after notice to the defendant1 a temporary restraining order or a preliminary injunction may be granted3 ,provided1 however1 ,that if a complaint is not filed within such period 7not exceeding #bj days7 as may be specified by the court after issuance of the temporary restraining order or preliminary injunction1 the order or injunction shall be dissolved by the court and be of no further force and effect3 ,provided further1 ,that in a case brought under paragraph 7#b77;,b71 after proper proof1 the court may issue a permanent injunction1 equitable relief under subsection 7e71 or any other relief as the court determines to be just and proper1 including temporary or preliminary equitable relief4 ,any suit under paragraph 7#b7 may be brought where such person1 partnership1 or corporation resides or transacts business1 or wherever venue is proper under section #acia of title #bh1 ,united ,states ,code4 ,in addition1 the court may1 if the court determines that the interests of justice require that any other person1 partnership1 or corporation should be a party in such suit1 cause such other person1 partnership1 or corporation to be added as a party without regard to whether venue is otherwise proper in the district in which the suit is brought4 ,in any such suit1 process may be served on any person1 partnership1 or corporation wherever it may be found4 4 7b7 ,amendments to authority ,to commence or defend litigation 7#a7 ,in general ,section #af7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ef7;a77#b77 is amended-- 7,a7 in subparagraph 7,a71 by striking 7relating to injunctive relief72 and 7,b7 in subparagraph 7,b71 by striking 7relating to consumer redress74 7#b7 ,technical amendment ,section #af7;a77#b77;,d7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ef7;a77#b77;,d77 is amended by striking subpena and inserting subpoena4 7c7 ,applicability ,the amendments made by subsections 7a7 and 7b7 shall apply with respect to any action or proceeding that is commenced on or after the date of enactment of this ,act4 #c4 ,actions by the ,attorney ,general 7a7 ,in general ,section #d;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ae;a7 is amended-- 7#a7 by striking ,whenever and inserting 7a7 ,whenever2 and 7#b7 by adding at the end the following3 7b7 7#a7 ,the ,attorney ,general may bring a civil action in the name of the ,united ,states1 as parens patriae on behalf of natural persons residing in the ,united ,states who shall be injured in his or her business or property by reason of anything forbidden in the antitrust laws1 in any district court of the ,united ,states in the district in which the defendant resides or is found or has an agent1 without respect to the amount in controversy1 and shall recover the damages sustained by him or her1 and the cost of the suit1 including a reasonable attorney's fee4 7#b7 ,no damages or costs may be recovered for the same injury that was the basis for the action under that paragraph in addition to any damages or costs awarded in such action4 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to any action or proceeding that is commenced on or after the date of enactment of this ,act4