On the recordJuly 20, 2021
I thank the gentleman from Oregon for the question. The intent of this bill is to restore the FTC's authority to secure restitution not to pile penalties onto small businesses that make an honest mistake. We want to allow the FTC to ensure consumers who are harmed by a violation of the law are made whole. So let me be clear. This bill does not allow the FTC to impose civil penalties or punitive damages. It only allows for equitable remedies, putting everything back the way it was before the violation occurred. When the FTC is going after truly bad actors who intentionally preyed on consumers, it would need to use the authority under a different part of its statute to seek penalties and also meet the burden of proof required under that additional authority. And another important point is that this bill actually protects honest small businesses from having to compete against unscrupulous companies that break the law to give themselves an unfair advantage. So this bill gives the FTC back the tools it needs to ensure a level playing field in the marketplace. I thank the gentleman from Oregon for engaging on this bill and working with us on our shared goal of protecting American consumers.
Source
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