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H.R. 1566IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 5 · H.R. 1566

Enforcement by Federal Trade Commission

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(a) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission The Commission shall enforce this Act and any regulation promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, and any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Complaint process (1) Filing by complainant Any person alleging any action taken or refused to be taken by any party subject to this Act in violation of this Act may file a complaint with the Commission briefly stating the facts of such allegation. (2) Notification and response Upon receiving a complaint filed pursuant to paragraph (1), the Commission shall forward the complaint to the party named in the complaint and request that such party answer such complaint in writing within a reasonable time determined by the Commission. (3) Further action (A) Relief of liability If the party named in the complaint ceases the conduct alleged in such complaint and otherwise makes reparation for any harm or injury alleged to have been caused within the time determined pursuant to paragraph (2), the party shall be relieved of liability to the complainant only for such allegation. (B) Additional investigation If the party named in the complaint does not satisfy the complaint as described in subparagraph (A) within the time determined pursuant to paragraph (2) or if there is any reasonable ground for continuing to investigate such complaint, the Commission shall investigate the allegation described in such complaint in such manner and by such means as the Commission determines proper. (C) Clarification A complaint may not be dismissed because of the absence of direct damage to the complainant. (4) Orders by Commission (A) Deadline The Commission, with respect to any investigation of a complaint filed pursuant to paragraph (1), shall issue an order concluding such investigation not later 5 months after the date on which the complaint was filed. (B) Appellate process Any order concluding an investigation pursuant to subparagraph (A) shall be a final order and may be appealed to the United States District Court for the District Court of Columbia.

Sec. 5: Enforcement by Federal Trade Commission · Public Law Tracker