US FTC Section 13(b) Revamp Gains Traction With Senate ‘Fix’ In The Works

There is strong support for a bipartisan fix to discourage marketplace fraud and anticompetitive practices and enable consumer redress under the FTC Act. But Congress is distracted and deeply divided with different ideas about how extensive the FTC’s authorities should be under Section 13(b) of the FTC Act.

FTC building, Washinton, DC / USA - April 22 2019: The north facade of the Federal Trade Commission building with carved sculpture above an enterence.
• Source: Shutterstock

Resurrecting the US Federal Trade Commission’s Section 13(b) authority to exact monetary relief from lawbreakers is under discussion in the Senate following a bill passed in the House last year that raised concerns among Republicans.

Shannon Smith, counsel and senior consumer advisor for the Senate Subcommittee on Consumer Protection, Product Safety and Security, said during an FTC open meeting on 28 April that the committee is working on a bipartisan solution to give the FTC the

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