PolicyBrief
S. 4311
119th CongressApr 15th 2026
Consumer Protection Remedies Act of 2026
IN COMMITTEE

This act expands the Federal Trade Commission's authority to seek court orders, including restitution and disgorgement, against companies that have violated consumer protection laws.

Maria Cantwell
D

Maria Cantwell

Senator

WA

LEGISLATION

FTC Gets New Powers to Make Companies Pay Up for Consumer Harm, Up to 10 Years Back

Alright, let's talk about the Consumer Protection Remedies Act of 2026, specifically what it means for how the Federal Trade Commission (FTC) can go after companies that play dirty with consumers. Think of this as the FTC getting a serious upgrade to its toolkit, allowing it to hit harder and make things right when you get short-changed.

The FTC's New Legal Muscle

This bill, right off the bat, beefs up the FTC's ability to take companies to court. Before this, the FTC had some power, but this legislation, found in Section 2. Amendments to the Federal Trade Commission Act, clarifies and expands it. They can now go after companies that "has violated" the law, not just those currently in the act or about to. This means past wrongs are fair game, which is a big deal for accountability. They can also seek both temporary and permanent court orders, which basically means they can stop bad practices in their tracks and make sure they don't happen again.

Making You Whole: New Ways to Get Your Money Back

Here’s where it gets really impactful for everyday folks. The bill creates a new subsection (e) that gives the FTC explicit authority to ask courts for a bunch of new remedies. We're talking about real money back in your pocket. If a company rips you off, the FTC can now push for:

  • Restitution: This is about getting your money back for losses caused by the violation. If you paid for something that never materialized or was faulty due because of a company's illegal actions, they can be made to pay you back.
  • Contract Rescission or Reformation: Imagine signing a contract under false pretenses. The FTC can now ask a court to cancel that contract entirely or rewrite it to be fair.
  • Refund of Money or Return of Property: Pretty straightforward, right? If you bought a dud or were swindled out of property, they can make the company give it back.
  • Disgorgement: This one's a bit more technical, but super important. It means the company has to give up any profits or benefits they gained unfairly from their illegal activities. So, if they made a ton of cash by misleading customers, the FTC can make them forfeit those ill-gotten gains. Just a heads-up, if they have to pay restitution, that amount gets subtracted from any disgorgement, so companies aren't double-penalized.

For example, if you're a small business owner who signed up for a marketing service that promised the moon but delivered nothing, and the FTC proves that company engaged in deceptive practices, this bill means the FTC has stronger tools to get your money back or even cancel that dodgy contract. Or, if you're an office worker who fell for a subscription trap, the FTC can now more easily ensure you get a refund.

A Look Back, But Not Forever

Now, there are some limits, which is fair. The FTC can't go digging through ancient history. Claims for restitution, contract changes, or refunds are capped at 10 years before the FTC files its lawsuit. Same goes for disgorgement – it's limited to profits gained in the 10 years prior. However, there's a small but significant detail: any time a company was operating outside the United States doesn't count towards this 10-year limit. This means if a shady online retailer was based overseas, the clock on their misdeeds might effectively be paused, extending the period the FTC can pursue them.

Ultimately, for anyone who's ever felt powerless against a company that broke the rules, this bill is a step towards leveling the playing field. It gives the FTC more teeth to ensure companies are held accountable and, more importantly, that consumers can get their money back when they've been wronged.