Solidifying Habitual and Institutional Explanations of Liability and Defenses Act or the SHIELD Act
This bill amends the Federal Trade Commission Act to prohibit guidelines or general statements of policy issued by the Federal Trade Commission (FTC) from: (1) conferring rights upon any person, state, or locality; or (2) binding the FTC or any person, state, or locality to a recommended approach.
In enforcement actions, the FTC must prove a violation of a law enforced by the FTC. The FTC's enforcement actions or consent orders may not be based solely on allegations that acts or practices are inconsistent with guidelines or general policy statements unless the acts or practices violate FTC-enforced law.
Compliance with guidelines or general statements of policy may be used as evidence of compliance with a law under which the guidelines or statements were issued.
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