Pandemic Darlings The pandemic economy, in original documents
Home Source documents S. 4385, Stopping COVID Scams Act of 2020

S. 4385, Stopping COVID Scams Act of 2020

Summary

Senate bill 4385, the Stopping COVID Scams Act of 2020, introduced in the Senate of the United States on July 30, 2020, by Udall with Tester and others named. Its printed purpose is to prohibit unfair or deceptive acts or practices in connection with the public health emergency resulting from COVID–19, and for other purposes. Section 2 treats conduct that the Commission finds to be an unfair or deceptive act or practice during the public health emergency declared on January 31, 2020, as a violation of a regulation under the Federal Trade Commission Act. It also addresses actions by State attorneys general and defines Commission as the Federal Trade Commission.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 116S4385Is Bills 116S4385Is
Case
Bills Bills 116S4385Is Bills 116S4385Is

Cite this document

“S. 4385, Stopping COVID Scams Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4385is-bills-116s4385is/, SHA-256 e83e55e8238a7e3e90a664e88c0417df870ef34b5bb8c0bd7a85d9424c543c87.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4385
                                                                           To prohibit unfair or deceptive acts or practices in connection with the
                                                                         public health emergency resulting from COVID–19, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                      JULY 30, 2020
                                                                       Mr. UDALL (for himself, Mr. TESTER, Mr. BLUMENTHAL, Ms. KLOBUCHAR,
                                                                           Mr. CASEY, Mrs. FEINSTEIN, Mr. BROWN, and Mr. MENENDEZ) intro-
                                                                           duced the following bill; which was read twice and referred to the Com-
                                                                           mittee on Commerce, Science, and Transportation




                                                                                                                 A BILL
                                                                       To prohibit unfair or deceptive acts or practices in connection
                                                                           with the public health emergency resulting from COVID–
                                                                           19, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Stopping COVID
                                                                         5 Scams Act of 2020’’.
                                                                         6     SEC. 2. ENFORCEMENT OF THE FEDERAL TRADE COMMIS-

                                                                         7




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                                       SION ACT RELATED TO COVID–19.

                                                                         8              (a) AUTHORITY OF THE FTC.—



                                        VerDate Sep 11 2014   20:15 Aug 13, 2020   Jkt 099200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\S4385.IS   S4385
                                                                                                                                  2
                                                                         1                       (1) AUTHORITY.—Notwithstanding any other
                                                                         2              provision of law, any conduct described in paragraph
                                                                         3              (2) that the Commission finds to be an unfair or de-
                                                                         4              ceptive act or practice, shall be treated as a violation
                                                                         5              of a regulation under section 18(a)(1)(B) of the
                                                                         6              Federal            Trade           Commission                  Act         (15    U.S.C.
                                                                         7              57a(a)(1)(B)) regarding unfair or deceptive acts or
                                                                         8              practices.
                                                                         9                       (2) CONDUCT DESCRIBED.—The conduct de-
                                                                       10               scribed in this paragraph is any conduct, act, or
                                                                       11               practice that occurs during the public health emer-
                                                                       12               gency declared on January 31, 2020, pursuant to
                                                                       13               section 319 of the Public Health Service Act (42
                                                                       14               U.S.C. 247d) as a result of confirmed cases of
                                                                       15               COVID–19, or any renewal thereof.
                                                                       16               (b) CONSIDERATIONS.—In determining whether un-
                                                                       17 fair or deceptive acts or practices are associated with the
                                                                       18 public health emergency in subsection (a), the Commission
                                                                       19 shall consider—
                                                                       20                        (1) whether the acts or practices involve goods
                                                                       21               or services explicitly advertised as related to the
                                                                       22               public health emergency;
                                                                       23                        (2) whether the acts or practices involve goods




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               or services for which consumer demand significantly
                                                                       25               increased in the time period beginning 30 days be-


                                                                                   •S 4385 IS

                                        VerDate Sep 11 2014   20:15 Aug 13, 2020   Jkt 099200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\S4385.IS   S4385
                                                                                                                                  3
                                                                         1              fore the declaration of the public health emergency
                                                                         2              until the public health emergency ends; or
                                                                         3                       (3) whether the acts or practices relate to Fed-
                                                                         4              eral or State Government responses to the COVID–
                                                                         5              19 pandemic, including public health response, such
                                                                         6              as testing and treatment of the disease, and eco-
                                                                         7              nomic response, such as unemployment insurance or
                                                                         8              stimulus checks.
                                                                         9              (c) ENFORCEMENT.—
                                                                       10                        (1) ENFORCEMENT BY FEDERAL TRADE COM-
                                                                       11               MISSION.—

                                                                       12                                  (A) POWERS OF COMMISSION.—The Com-
                                                                       13                        mission shall enforce a violation described in
                                                                       14                        subsection (a) in the same manner, by the same
                                                                       15                        means, and with the same jurisdiction, powers,
                                                                       16                        and duties as though all applicable terms and
                                                                       17                        provisions of the Federal Trade Commission
                                                                       18                        Act (15 U.S.C. 41 et seq.) were incorporated
                                                                       19                        into and made a part of this Act. Any person
                                                                       20                        who violates such subsection shall be subject to
                                                                       21                        the penalties and entitled to the privileges and
                                                                       22                        immunities provided in the Federal Trade Com-
                                                                       23                        mission Act.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (B) EFFECT ON OTHER LAWS.—Nothing
                                                                       25                        in this Act shall be construed in any way to


                                                                                   •S 4385 IS

                                        VerDate Sep 11 2014   00:08 Aug 15, 2020   Jkt 099200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\S4385.IS   S4385
                                                                                                                                  4
                                                                         1                       limit the authority of the Commission under
                                                                         2                       any other provision of law.
                                                                         3                       (2) ENFORCEMENT BY STATE ATTORNEYS GEN-
                                                                         4              ERAL.—

                                                                         5                                 (A) IN GENERAL.—If the chief law en-
                                                                         6                       forcement officer of a State, or an official or
                                                                         7                       agency designated by a State, has reason to be-
                                                                         8                       lieve that any person has violated or is violating
                                                                         9                       subsection (a), the attorney general, official, or
                                                                       10                        agency of the State, in addition to any author-
                                                                       11                        ity it may have to bring an action in State
                                                                       12                        court under its consumer protection law, may
                                                                       13                        bring a civil action in any appropriate United
                                                                       14                        States district court or in any other court of
                                                                       15                        competent jurisdiction, including a State court,
                                                                       16                        to—
                                                                       17                                         (i) enjoin further such violation by
                                                                       18                                  such person;
                                                                       19                                         (ii) enforce compliance with such sub-
                                                                       20                                  section;
                                                                       21                                         (iii) obtain civil penalties; and
                                                                       22                                         (iv) obtain damages, restitution, or
                                                                       23                                  other compensation on behalf of residents




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  of the State.




                                                                                   •S 4385 IS

                                        VerDate Sep 11 2014   20:15 Aug 13, 2020   Jkt 099200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\S4385.IS   S4385
                                                                                                                                  5
                                                                         1                                 (B) NOTICE AND INTERVENTION BY THE
                                                                         2                       FTC.—The               attorney general of a State shall
                                                                         3                       provide prior written notice of any action under
                                                                         4                       subparagraph (A) to the Commission and pro-
                                                                         5                       vide the Commission with a copy of the com-
                                                                         6                       plaint in the action, except in any case in which
                                                                         7                       such prior notice is not feasible, in which case
                                                                         8                       the attorney general shall serve such notice im-
                                                                         9                       mediately upon instituting such action. The
                                                                       10                        Commission shall have the right—
                                                                       11                                         (i) to intervene in the action;
                                                                       12                                         (ii) upon so intervening, to be heard
                                                                       13                                  on all matters arising therein; and
                                                                       14                                         (iii) to file petitions for appeal.
                                                                       15                                  (C) LIMITATION ON STATE ACTION WHILE
                                                                       16                        FEDERAL ACTION IS PENDING.—If the Commis-

                                                                       17                        sion has instituted a civil action for violation of
                                                                       18                        this Act, no State attorney general, or official
                                                                       19                        or agency of a State, may bring an action under
                                                                       20                        this paragraph during the pendency of that ac-
                                                                       21                        tion against any defendant named in the com-
                                                                       22                        plaint of the Commission for any violation of
                                                                       23                        this Act alleged in the complaint.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (D)         RELATIONSHIP                    WITH          STATE-LAW

                                                                       25                        CLAIMS.—If the attorney general of a State has



                                                                                   •S 4385 IS

                                        VerDate Sep 11 2014   20:15 Aug 13, 2020   Jkt 099200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\S4385.IS   S4385
                                                                                                                                  6
                                                                         1                       authority to bring an action under State law di-
                                                                         2                       rected at acts or practices that also violate this
                                                                         3                       Act, the attorney general may assert the State-
                                                                         4                       law claim and a claim under this Act in the
                                                                         5                       same civil action.
                                                                         6                       (3) SAVINGS                CLAUSE.—Nothing                        in this Act
                                                                         7              shall preempt or otherwise affect any State or local
                                                                         8              law.
                                                                         9              (d) DEFINITIONS.—In this section:
                                                                       10                        (1) COMMISSION.—The term ‘‘Commission’’
                                                                       11               means the Federal Trade Commission.
                                                                       12                        (2) STATE.—The term ‘‘State’’ means each of
                                                                       13               the several States, the District of Columbia, each
                                                                       14               commonwealth, territory, or possession of the United
                                                                       15               States, and each federally recognized Indian Tribe.
                                                                                                                                  Æ




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •S 4385 IS

                                        VerDate Sep 11 2014   20:15 Aug 13, 2020   Jkt 099200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6301   E:\BILLS\S4385.IS   S4385


File and source

File
BILLS_bills-116s4385is_bills-116s4385is.pdf
Size
237,290 bytes
SHA-256
e83e55e8238a7e3e90a664e88c0417df870ef34b5bb8c0bd7a85d9424c543c87
Our copy
BILLS_bills-116s4385is_bills-116s4385is.pdf
Original
www.govinfo.gov
Back to top