News & Analysis as of

Permanent Injunctions FTC Act

Cozen O'Connor

FTC and Florida AG Put the Brakes on Alleged “Trucking Automation” Investment Scheme

Cozen O'Connor on

The FTC and Florida AG Ashley Moody obtained a temporary restraining order against RivX Automation Corp., and affiliated entities and individuals (collectively, “RivX”) for allegedly making false or unsubstantiated earnings...more

Hudson Cook, LLP

FTC and Online Used Car Dealer Agree to Settle Alleged Unfair and Deceptive Advertising and Business Practices Claims

Hudson Cook, LLP on

On July 2, 2024, the FTC filed a joint motion for entry of the FTC and the Company's stipulated order for permanent injunction, monetary judgment, and other relief to resolve allegations of misleading consumers who purchased...more

Stinson LLP

FTC’s Aggressive Focus on PE Blunted by Recent Court Decision

Stinson LLP on

Private Equity (PE) has been a popular and frequent target of the Biden Administration’s recent antitrust enforcement efforts. Earlier this year, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division...more

Stevens & Lee

District Court Dismisses Welsh Carson While Allowing the FTC to Proceed Against U.S. Anesthesia Partners

Stevens & Lee on

In a prior post, we discussed the Federal Trade Commission’s (“FTC”) lawsuit against U.S. Anesthesia Partners (“USAP”) and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”). Most recently, the U.S....more

Ballard Spahr LLP

FloatMe Settlement with FTC Contains Exacting Requirements

Ballard Spahr LLP on

On January 22, 2024, the Federal Trade Commission (FTC) entered into a Stipulated Order for Permanent Injunction, Monetary Judgment, and Other Relief (the “Order”) with FloatMe Corp. (“FloatMe”), a fintech that offers...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

Orrick, Herrington & Sutcliffe LLP

District Court dismisses FTC’s privacy claims against data broker with leave to amend

On May 4, the U.S. District Court for the District of Ohio issued two separate rulings in a pair of related disputes between the FTC and a data broker. The disputes center around accusations made by the FTC last August that...more

Orrick, Herrington & Sutcliffe LLP

FTC to permanently ban auto warranty operation

On March 24, the FTC announced that a Florida-based group of operators (defendants) faces a permanent ban from the extended automobile warranty industry and will be barred from any further involvement in outbound...more

Cozen O'Connor

FTC Wins Injunction Against Coating Company For Misleading R-Value Claims

Cozen O'Connor on

A federal District Court awarded the FTC summary judgment in a lawsuit against F&G International Group Holdings, LLC; FG International, LLC and J. Glenn Davis (collectively, “FG”) that enjoins FG from making deceptive claims...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

Farrell Fritz, P.C.

Herbal COVID Remedy Is Not The Government’s Cup of Tea

Farrell Fritz, P.C. on

Last week, the EDNY and the DOJ Consumer Protection Branch brought a civil enforcement action against defendants who manufacture and sell an herbal tea product called B4B Earth Tea Extra Strength (“Earth Tea”).  Earth Tea...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

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

Ballard Spahr LLP

FTC successfully uses Section 19 of FTC Act to obtain restitution as alternative to Section 13(b)

Ballard Spahr LLP on

An Illinois federal district court has ruled that Section 19 of the FTC Act provided an alternate route for the FTC to obtain restitution after its prior restitution award under Section 13(b) of the FTC Act was vacated by the...more

Sheppard Mullin Richter & Hampton LLP

Two Important Antitrust Cases Decided by US Supreme Court

The United States Supreme Court decided two antitrust cases for October Term 2020. The first case, AMG Capital Management v. Federal Trade Commission, unanimously held that the Federal Trade Commission (FTC) is not...more

Kelley Drye & Warren LLP

Post-AMG Scorecard (Updated): FTC Claims for Monetary Relief in 13(b) Actions Dwindle

As AMG recedes further into the past, lower courts are becoming more comfortable disposing of 13(b) actions where the proceedings are attempting to obtain monetary restitution as a matter of course. In many instances below,...more

Troutman Pepper

House Passes Bill to Restore FTC’s Authority to Seek Monetary Remedies

Troutman Pepper on

On July 20, the U.S. House of Representatives passed legislation that would restore the Federal Trade Commission’s (FTC) ability to obtain equitable monetary remedies under Section 13(b) of the FTC Act. The legislation — H.R....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

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

Kelley Drye & Warren LLP

Energy and Commerce Committee Democrats Advance 13(b) Reform Legislation through Subcommittee

On May 27, the House Energy and Commerce Committee’s Subcommittee on Consumer Protection and Commerce advanced by voice vote H.R. 2668, legislation to clarify the Federal Trade Commission’s authority under Section 13(b) of...more

Moore & Van Allen PLLC

Supreme Court Limits FTC's Power to Seek Damages

Moore & Van Allen PLLC on

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

Kelley Drye & Warren LLP

Post-AMG Scorecard: The FTC is Required to Pay Receiver’s fees in Cardiff

Last Month, in AMG Capital Management, LLC v. FTC, the Supreme Court ruled that Section 13(b) of the FTC Act does not allow for monetary remedies. While the importance of this ruling is plain, its implications are only now...more

Kelley Drye & Warren LLP

Acting Chair Rebecca Slaughter and Chamber of Commerce Spar Over a New 13(b)

Recently, the U.S. Chamber of Commerce published a letter to the Committee on Commerce, Science, and Transportation, the Congressional Committee currently working on draft language for a new Section 13(b) of the FTC Act. The...more

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