News & Analysis as of

Permanent Injunctions Enforcement Authority

Fenwick & West LLP

Crypto Litigation & Enforcement: H1 2024  - Key Takeaways and Updates

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The beginning of this year brought several legal milestones in the world of crypto litigation and enforcement. In the first live installment of our quarterly update webinar, we discussed how...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

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

Jones Day

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

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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

Kelley Drye & Warren LLP

With Partisan Tensions Running High, House Passes Legislation to Strengthen FTC’s 13(b) Enforcement Authority

On July 20, the U.S. House of Representatives passed H.R. 2668, the Consumer Protection and Recovery Act, to clarify the Federal Trade Commission’s enforcement authority under Section 13(b) of the FTC Act. H.R. 2668, authored...more

Sheppard Mullin Richter & Hampton LLP

FTC Takes Novel Approach to Seek Civil Money Penalties in the Wake of AMG Capital Ruling

On June 10, the Federal Trade Commission (FTC) filed an amended complaint for civil money penalties and other relief under Section 5 of the FTC Act prohibiting “unfair or deceptive acts or practices” and Section 521 of the...more

Moore & Van Allen PLLC

Supreme Court Limits FTC's Power to Seek Damages

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In AMG Capital Management v. FTC, a unanimous Supreme Court recently struck the Federal Trade Commission’s (the FTC) power to obtain monetary relief under § 13(b) of the FTC Act (the Act). Under § 13(b), the FTC can seek the...more

BakerHostetler

[Podcast] The Future of Consumer Redress After Supremes Rule in AMG Capital Management v FTC

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In a highly anticipated recent Supreme Court decision in the case of AMG Capital Management v. FTC, the court ruled in favor of putting the brakes on consumer redress and the commission’s ability to protect consumers from...more

Goodwin

Fed Proposes Guidelines for Access to Master Accounts and Payment Services

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In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve), in response to an increased number of inquiries and access requests from companies with fintech and other narrow purpose charters, invited...more

Goodwin

U.S. Supreme Court Significantly Restricts FTC Civil Enforcement Powers in AMG Capital Decision

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The U.S. Supreme Court dealt a blow to the U.S. Federal Trade Commission (“FTC”) in a recent decision that eliminated the agency’s ability to seek monetary remedies in enforcement actions in federal court. This new ruling has...more

Manatt, Phelps & Phillips, LLP

Why the Supreme Court’s Unanimous FTC Decision Changes Everything

The Supreme Court has just made it significantly more difficult for the Federal Trade Commission (FTC) to obtain monetary relief in enforcement actions, terminating a practice the FTC has engaged in for decades to exact...more

Vinson & Elkins LLP

Unanimous Supreme Court Limits FTC’s Ability To Seek Monetary Remedies

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On April 22, 2021, the Supreme Court limited the Federal Trade Commission’s ability to seek restitution or disgorgement under Section 13(b) of the FTC Act. Justice Stephen G. Breyer, author of the unanimous 9-0 decision,...more

A&O Shearman

Supreme Court deprives FTC of key enforcement tool

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On April 22, in AMG Capital Management v. FTC, the Supreme Court unanimously struck down one of the Federal Trade Commission’s key enforcement tools....more

Cooley LLP

Alert - AMG v. FTC: US Supreme Court Severely Limits FTC’s Ability to Seek Monetary Relief

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The US Supreme Court ruled last week that the Federal Trade Commission doesn’t have the authority to seek equitable monetary relief in federal court under Section 13(b) of the FTC Act in AMG Capital Management LLC v. FTC....more

BakerHostetler

SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b)

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Well, the buck stops here (for now). Last week, in AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade Commission (FTC) Act does not authorize...more

Saul Ewing LLP

Supreme Court Eliminates FTC’s Ability to Seek Restitution in Federal Court Actions Without First Using Its Administrative...

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On April 22, 2021, the Supreme Court resolved a circuit split as to the Federal Trade Commission’s authority to seek restitution in a federal court action under the Federal Trade Commission Act (“Act”) without first obtaining...more

Kelley Drye & Warren LLP

Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority

Yesterday, less than a week after the Supreme Court’s unanimous decision in AMG Capital Management v. FTC, two Congressional committees zeroed in on the FTC’s hollowed-out Section 13(b) authority, the fate of which now lies...more

Troutman Pepper

Unanimous Court Cuts FTC's Power to Seek Monetary Redress

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On April 22 the Supreme Court held in AMG Capital Management, LLC v. FTC that the Federal Trade Commission (FTC) does not have authority under the Federal Trade Commission Act Section 13(b) to seek, nor a court to award,...more

Blank Rome LLP

The Supreme Court Curtails, But Does Not Dismantle, The FTC’s Ability to Seek Monetary Recoveries

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In a 9-0 decision issued on April 22, 2021, the United States Supreme Court held that the Federal Trade Commission’s (“FTC”) authority to seek equitable monetary remedies (restitution and disgorgement) under Section 13(b) of...more

Benesch

SCOTUS Narrows FTC’s Enforcement Authority - Or Does It?

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On April 22, 2021, the U.S. Supreme Court decided AMG Capital Management v. FTC . In a unanimous opinion, the Court narrowed the FTC’s power to seek monetary relief in federal court for violations of the FTC Act—or at least...more

Proskauer - Advertising Law

Supreme Court Curtails FTC Power to Seek Restitution in Court

A unanimous Supreme Court yesterday significantly curtailed the FTC’s ability to obtain the equitable monetary remedies of restitution and disgorgement of profits from entities accused of engaging in deceptive practices in...more

Kelley Drye & Warren LLP

Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?

Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as it considers whether to amend Section...more

Kilpatrick

Supreme Court Limits FTCs Authority to Obtain Monetary Relief in Federal Court Under Section 13b of the FTC Act

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On April 22, 2021, the Supreme Court issued a long awaited decision that rejects the Federal Trade Commission’s (FTC) longstanding use of Section 13(b) of the FTC Act to obtain equitable monetary relief in federal courts. The...more

McGuireWoods LLP

U.S. Supreme Court Rejects Federal Trade Commission’s Restitution Authority

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On April 22, 2021, the U.S. Supreme Court unanimously held that Section 13(b) of the Federal Trade Commission Act does not grant the Federal Trade Commission (FTC) authority “to seek, [or] a court to award, equitable monetary...more

Kelley Drye & Warren LLP

Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies

This morning, the Supreme Court released its long-awaited Opinion in AMG Capital Management v. FTC. Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral arguments, the Supreme Court found...more

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