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Disgorgement Federal Trade Commission (FTC)

BakerHostetler

How Did the FTC Get $16 Million in a Recent FTC Act Privacy Case?

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Advertising and privacy. In 2024, it’s hard to talk about one without the other. Almost like peanut butter and jelly. A recent case from the Federal Trade Commission is an important reminder about the privacy and...more

Mintz - Antitrust Viewpoints

Algorithmic Disgorgement: An Increasingly Important Part of the FTC’s Remedial Arsenal— AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the Federal Trade Commission’s (FTC or Commission) use of...more

Ballard Spahr LLP

Seventh Circuit Holds FTC Act Does not Allow Disgorgement to U.S. Treasury

Ballard Spahr LLP on

In FTC v. Credit Bureau Center, LLC, the Seventh Circuit recently held that Section 19 of the Federal Trade Commission Act does not allow the FTC to deposit excess funds awarded as restitution under Section 19 in the U.S....more

Venable LLP

Another Day, Another Decision Interpreting Section 19 of the FTC Act

Venable LLP on

The Seventh Circuit has once again weighed in on the scope of the Federal Trade Commission’s (FTC’s) remedial authority. The case, FTC v. Credit Bureau Center, LLC, has had, in the words of the court, “a long and winding...more

ArentFox Schiff

Crypto Anti-Touting Lawsuits: Celebrity Settlements with SEC Following Alleged Failures to Disclose Payment for Promotion of...

ArentFox Schiff on

On August 4, 2023, celebrity singer Austin Mahone entered into a settlement agreement with the US Securities and Exchange Commission (SEC) after being sued in the US District Court for the Southern District of New York (SDNY)...more

Venable LLP

Supreme Court Case Watch: Securities and Exchange Commission v. Jarkesy and Its Impact on Independent Agencies

Venable LLP on

With the end of the Supreme Court’s term in June, most eyes have been on the release of the last remaining merits decisions. In the midst of issuing the final opinions of the term, the Court also granted certiorari on a...more

Sheppard Mullin Richter & Hampton LLP

Training AI Models – Just Because It’s “Your” Data Doesn’t Mean You Can Use It

Many companies are sitting on a trove of customer data and are realizing that this data can be valuable to train AI models. However, what some companies have not thought through, is whether they can actually use that data for...more

Cozen O'Connor

FTC Seeking Public Comment on Rule to Combat False or Deceptive Reviews

Cozen O'Connor on

The FTC has issued an Advance Notice of Proposed Rulemaking concerning a proposed Trade Regulation Rule on the Use of Reviews and Endorsements. The proposed Rule is intended to buttress the FTC’s current limited remedial...more

Kelley Drye & Warren LLP

SEC is the Latest Agency to Keep Up With the Kardashians

In these difficult financial times, some of us may turn to our financial advisors for advice. Others may turn to Kim Kardashian. If you fall into the latter category, you may have seen that last year, Ms. Kardashian posted a...more

Kelley Drye & Warren LLP

Update: Chair Cantwell Introduces S. 4145, A One-Sided 13(b) Fix

On Wednesday, we described draft legislation circulating in the Senate Commerce Committee that would have given the Federal Trade Commission almost unfettered authority to enjoin permanently any act, practice or method of...more

Kelley Drye & Warren LLP

Senate Commerce Committee Chair Pushes One-Sided 13(b) Fix

The one-year anniversary of the Supreme Court’s decision in AMG Capital Management, LLC v. FTC has renewed calls for Congressional action to expand and codify the Federal Trade Commission’s enforcement authority under Section...more

Smith Gambrell Russell

Is Your Product Really “Made in the USA?” The FTC is Asking.

Smith Gambrell Russell on

The FTC is serious about enforcing the Made in USA Labeling Rule. On April 12, 2022, the DOJ, on behalf of the FTC, sued Lithionics Battery LLC and its owner, Steve Tartaglia, in the United States District Court for the...more

Kelley Drye & Warren LLP

Post-AMG Scorecard (Updated): Different Roads Forward for the FTC in Pending Cases

The ripple effects continue from the Supreme Court’s holding in AMG Capital Management, LLC v. FTC, explaining that Section 13(b) of the FTC Act does not allow (and never did allow) monetary remedies....more

Proskauer - Minding Your Business

Without Equitable Monetary Relief, No Need for Asset Freeze or Receivership to Preserve Resources, and More Takeaways from the...

The Eleventh Circuit’s opinion last month in FTC v. On Point Capital Partners LLC, et al.,clarifies the ramifications of the Supreme Court’s ruling in AMG Capital Management regarding the prohibition of equitable monetary...more

Kelley Drye & Warren LLP

The Section 13(b) Fix:  Stand-Still on the Hill?

Kelley Drye & Warren LLP on

Following House passage of 13(b) legislation this summer, Congressional Democrats seem to have lost some of the urgency with which they were moving to strengthen the FTC’s penalty authorities in the wake of the Supreme...more

Jones Day

JONES DAY TALKS®: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision

Jones Day on

In AMG Capital Management v. FTC, the U.S. Supreme Court ruled the Federal Trade Commission Act does not allow the FTC to seek, from violators of the Act, "equitable monetary relief" in the form of restitution or...more

Foley & Lardner LLP

Questioning Disgorgement Remedies in Light of the U.S. Supreme Court’s AMG Capital Management, LLC v. FTC Decision

Foley & Lardner LLP on

In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC Act to seek restitution or disgorgement. The...more

Ballard Spahr LLP

FTC files administrative complaint against marketer of fuel cards as strategy for addressing SCOTUS AMG Capital Management...

Ballard Spahr LLP on

Last week, the FTC filed an administrative complaint against Fleetcor Technologies, a marketer of fuel cards, and its CEO in which the FTC alleges that the respondents violated the FTC Act’s prohibition on unfair or deceptive...more

Cozen O'Connor

House Passes Bill Authorizing FTC To Seek Monetary Damages In Federal Court

Cozen O'Connor on

The U.S. House of Representatives passed the Consumer Protection and Recovery Act, H.R. 2668, giving the Federal Trade Commission (“FTC”) an explicit authorization to seek monetary redress for consumers for harm caused by...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Update – June 2021

Washington, D.C., Attorney General Racine Sues Amazon - On May 25, 2021, Washington, D.C., Attorney General Karl Racine sued Amazon in the Superior Court of the District of Columbia for alleged antitrust violations under...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2021

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. SCOTUS Finds FTC Cannot Award Restitution or...more

Cozen O'Connor

Frontier Sued Over Allegations That Its DSL Service Is Slower Than Advertised

Cozen O'Connor on

The Federal Trade Commission (“FTC”), and a bipartisan group of six state AGs, sued Internet service provider Frontier Communications Corporation (“Frontier”) over allegations that it charged consumers for higher-speed...more

Epstein Becker & Green

FTC Loses Disgorgement Remedy Under 13(b) of the FTC Act

On April 22, 2021, the Supreme Court of the United States issued an opinion finding that the Federal Trade Commission (“FTC”) does not have the authority to order disgorgement (i.e., monetary relief) under Section 13(b) of...more

WilmerHale

US Supreme Court Bars the FTC from Seeking Restitution under Section 13(b) of the FTC Act: What Businesses Can Expect

WilmerHale on

On April 22, 2021, the US Supreme Court ruled that Section 13(b) of the Federal Trade Commission Act, which authorizes the Federal Trade Commission (FTC) to pursue certain injunctive relief in court, does not authorize the...more

Ballard Spahr LLP

FTC Commissioners give testimony to Senate Commerce Committee on FTC’s Section 13(b) authority

Ballard Spahr LLP on

On April 20, 2021, in anticipation of an adverse Supreme Court ruling, the Senate Committee on Commerce, Science, and Transportation held a hearing titled, “Strengthening the Federal Trade Commission’s Authority to Protect...more

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