Consumer Fraud Act of 1979
Latest action. Referred to House Committee on the Judiciary.
Consumer Fraud Act of 1979 - Sets forth the definition of "unfair consumer practice," including: (1) offering or advertising goods or services for sale to consumers and not selling them as offered or advertised; or (2) making false or misleading statements concerning the need for, or necessity of, any goods, service replacements, or repairs. States that any contract or agreement affecting interstate commerce which provides for the purchase of goods or services in furtherance of an unfair consumer practice may be voided by the affected consumer. Makes persons who induce consumers into such contracts or agreements liable to such consumers for treble damages and for legal costs. Authorizes State attorneys general to bring civil actions in Federal or State courts in the name of the State, as parens patriae for consumer residents, to secure treble damages and legal costs for unfair consumer practices, with monetary relief to be distributed among such consumers or deposited with the State as a civil penalty. Grants the Attorney General of the United States, the appropriate United States attorney, or the State attorney general of any State in which a prohibited act or practice occurred, authority to bring an action in the appropriate district court of the United States or the appropriate State court of competent jurisdiction, to enjoin such act or practice. States that whoever, in connection with the sale or distribution of goods or services by the use of any means or instrumentality of transportation or communication in or affecting interstate or foreign commerce or by use of the mails engages in an unfair consumer practice, shall be fined not more than $100,000 if an individual, or not more than $500,000 if an organization, or imprisoned for not more than three years, or both. Authorizes each State attorney general to bring an action, in the name of the United States, in an appropriate Federal or State court to enforce such criminal code provisions. Directs such attorneys general to notify the Attorney General of the United States and the appropriate United States attorney that such actions have been commenced. Authorizes the Attorney General to enter an appearance in such actions and/or to prosecute such actions. Authorizes the State attorney general to prosecute such an action if the Attorney General fails to prosecute with due diligence within a specified period.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on June 28, 1979. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on June 28, 1979: Referred to House Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
BENJAMIN GILMAN (R-NY) introduced it on June 28, 1979, and 7 members have since signed on as cosponsors.
They are 6 Democrats, 1 independent.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on June 28, 1979, 17241 days ago. The most recent recorded action was 17241 days ago, on June 28, 1979.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers