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Consumer Protection: New Rules for Refunds and Proving Harm in FTC Cases.

This bill changes how the Federal Trade Commission (FTC) seeks financial relief for consumers harmed by unfair business practices. While courts can still order restitution and contract cancellation, the FTC must now meet a higher standard, proving that the consumer materially relied on the deceptive act and that the act directly caused the harm. It also grants the Attorney General new authority to sue companies on behalf of citizens injured by antitrust violations.
Key points
Consumer Remedies Confirmed: Courts can explicitly order companies to provide refunds, restitution, or contract changes for unfair practices.
Higher Burden of Proof for FTC: The FTC must prove individual reliance on the deceptive practice to secure financial relief, potentially limiting large-scale class action-style recoveries.
Antitrust Enforcement Boost: The Attorney General gains the power to sue companies on behalf of citizens harmed by anti-competitive behavior.
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Additional Information
Print number: 118_S_1076
Sponsor: Sen. Lee, Mike [R-UT]
Process start date: 2023-03-30