COVID–19 Consumer Protection Act

I 116TH CONGRESS 2D SESSION H. R. 9038 To prohibit deceptive acts or practices in connection with public health emergencies resulting from COVID–19. IN THE HOUSE OF REPRESENTATIVES DECEMBER 20, 2020 Ms. SCHAKOWSKY (for herself and Mr. BUCSHON) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit deceptive acts or practices in connection with public health emergencies resulting from COVID–19. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 Consumer 4 Protection Act’’. 5 SEC. 2. PROHIBITING DECEPTIVE ACTS OR PRACTICES IN 6 CONNECTION WITH THE NOVEL 7 CORONAVIRUS. 8 (a) IN GENERAL.—For the duration of a public 9 health emergency declared pursuant to section 319 of the 10 VerDate Sep 11 2014 19:08 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9038.IH H9038 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 9038 IH Public Health Service Act (42 U.S.C. 247d) as a result 1 of confirmed cases of the 2019 novel coronavirus 2 (COVID–19), including any renewal thereof, it shall be 3 unlawful for any person, partnership, or corporation to en- 4 gage in a deceptive act or practice in or affecting com- 5 merce in violation of section 5(a) of the Federal Trade 6 Commission Act (15 U.S.C. 45(a)) that is associated 7 with— 8 (1) the treatment, cure, prevention, mitigation, 9 or diagnosis of COVID–19; or 10 (2) a government benefit related to COVID–19. 11 (b) ENFORCEMENT BY THE FEDERAL TRADE COM- 12 MISSION.— 13 (1) VIOLATION.—A violation of subsection (a) 14 shall be treated as a violation of a rule defining an 15 unfair or deceptive act or practice prescribed under 16 section 18(a)(1)(B) of the Federal Trade Commis- 17 sion Act (15 U.S.C. 57a(a)(1)(B)). 18 (2) POWERS OF THE FEDERAL TRADE COMMIS- 19 SION.— 20 (A) IN GENERAL.—The Federal Trade 21 Commission shall enforce subsection (a) in the 22 same manner, by the same means, and with the 23 same jurisdiction, powers, and duties as though 24 all applicable terms and provisions of the Fed- 25 VerDate Sep 11 2014 19:08 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9038.IH H9038 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 9038 IH eral Trade Commission Act (15 U.S.C. 41 et 1 seq.) were incorporated into and made a part of 2 this section. 3 (B) PRIVILEGES AND IMMUNITIES.—Any 4 person who violates this section shall be subject 5 to the penalties and entitled to the privileges 6 and immunities provided in the Federal Trade 7 Commission Act. 8 (3) EFFECT ON OTHER LAWS.—Nothing in this 9 section shall be construed to limit the authority of 10 the Federal Trade Commission under any other pro- 11 vision of law. 12 (c) SEVERABILITY.—If any provision of this section, 13 or the application thereof to any person or circumstance, 14 is held invalid, the remainder of this section and the appli- 15 cation of such provision to other persons not similarly situ- 16 ated or to other circumstances shall not be affected by 17 the invalidation. 18 Æ VerDate Sep 11 2014 19:08 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H9038.IH H9038 pbinns on DSKJLVW7X2PROD with BILLS