John Villafranco on FTCA Section 13(b)

Amici Line Up Behind the FTC: Warn of Doom if the Supreme Court Rules Against the Commission in AMG Capital Management

As the parties prepare for oral argument before the Supreme Court on January 13 in AMG Capital Management LLC et al. v. FTC, case number 19-508, amicus briefs in support of the Commission’s position have been filed this week,...more

12/14/2020 / AMG Capital Management LLC v FTC , FTC Act , FTCA Section 13(b) , Oral Argument , SCOTUS

The FTC Reargues its 13(b) Case, While Congress Appears Set to Enhance the SEC’s Ability to Seek Disgorgement, Suggesting A...

Earlier this week, the Federal Trade Commission re-stated its position to the Supreme Court, arguing that there is no “clear legislative command” to restrict the traditional powers of equity. In other words, courts of equity...more

12/7/2020 / Disgorgement , Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b) , Securities and Exchange Commission (SEC) , Securities Violations

Supreme Court Sets Oral Argument in AMG Capital Management

This morning, the Supreme Court released its calendar for its January 2021 oral arguments. AMG Capital Management, LLC v. FTC is on the docket. Oral argument in AMG has been scheduled for January 13, 2020....more

11/25/2020 / AMG Capital Management LLC v FTC , FTC Act , FTCA Section 13(b) , Oral Argument , SCOTUS

Supreme Court Vacates its Prior Grant of the FTC’s Petition for Certiorari in FTC v. Credit Bureau Center, LLC: What Does it Mean...

This morning, in a brief line order, the Supreme Court vacated its prior grant of the Federal Trade Commission’s petition for certiorari in Federal Trade Commission v. Credit Bureau Center, LLC (“Credit Bureau”). Justice...more

11/10/2020 / Case Consolidation , Certiorari , Federal Trade Commission (FTC) , FTCA Section 13(b) , Restitution , SCOTUS , Vacated

The “Un-Sprung Bear Trap”: The Resurrection of the FTC’s Penalty Offense Authority As One Possible Solution to the 13(b) Problem

Late last week (Oct. 29), FTC Commissioner Rohit Chopra (D) and his Attorney Advisor Samuel Levine released a paper entitled “The Case for Resurrecting the FTC Act’s Penalty Offense Authority.” In it, Commissioner Chopra and...more

11/2/2020 / Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b) , Unfair or Deceptive Trade Practices

FTC Commissioners Appeal to Hill on Section 13(b)

Last week, all five FTC Commissioners – Chairman Joseph Simons (R), and Commissioners Christine Wilson (R), Noah Phillips (R), Rebecca Slaughter (D), and Rohit Chopra (D) – sent a letter to the Chairs and Ranking Minority...more

11/2/2020 / Federal Trade Commission (FTC) , FTC Act , FTC Commissioners , FTCA Section 13(b)

Section 13(b) at the Start of the Supreme Court’s October Term: Where Things Stand, Where They’re Likely to End, And A Proposed...

The Supreme Court’s new term began last Monday. This new term has taken on heightened significance with President Trump’s nomination of current Seventh Circuit Judge Amy Coney Barrett to the High Court. President Trump and...more

10/15/2020 / Antitrust Violations , Equitable Relief , Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b) , Injunctions , Injunctive Relief , Restitution , Unfair or Deceptive Trade Practices

Senate Commerce Committee Republicans Include 13(b) Fix in New Privacy Legislation

Late last week, Senate Commerce Committee Chairman Roger Wicker (R-MS), along with Senators John Thune (R-SD), Deb Fischer (R-NE), and Marsha Blackburn (R-TN), introduced S. 4626, the Setting an American Framework to Ensure...more

9/24/2020 / Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b) , Transparency

Illinois Court Dismisses Neora’s Declaratory Judgment Suit against FTC on Jurisdictional Grounds

Turns out the best defense may not be a good offense, at least when litigating against the FTC. The Northern District of Illinois yesterday rejected an attempt by multi-level marketer Neora, LLC (formerly Nerium) to obtain a...more

9/2/2020 / Declaratory Judgments , Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b)

California Federal Court Stays Trial Pending Supreme Court Ruling on Reach of Section 13(b) of FTC Act

On August 20, a Northern District of California court stayed the trial of an action the FTC brought against Lending Club in 2018 pending a Supreme Court ruling on the FTC’s authority to seek monetary restitution under Section...more

8/25/2020 / Advertising , Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b)

The Boundaries of the FTC’s Section 13(b) Authority: 24 States Weigh In

On January 30th, 24 State Attorneys General*, led by Kwame Raoul (D) of Illinois, submitted an amici curiae brief in support of the Federal Trade Commission’s position in FTC v. Credit Bureau Center LLC....more

2/3/2020 / Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b)

Section 13(b) at the New Year: Where Things Stand in the Fight Over The FTC’s Enforcement Authority

The year ended with a flurry of activity related to the FTC’s ability to obtain permanent injunctions and restitution under Section 13(b) of the FTC Act. As we head into 2020, a level-set is in order....more

1/7/2020 / Enforcement Authority , Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b)

Direct Seller Stands Its Ground: Neora Seeks Declaratory Judgment Against the FTC, Challenging the Agency’s Section 13(b)...

The continuing questions over the extent of the FTC’s enforcement authority to obtain monetary relief under Section 13(b) did not stop the Commission from filing a lawsuit on November 1 against multi-level marketer Neora, LLC...more

11/6/2019 / Declaratory Judgments , Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b)

John Villafranco

Kelley Drye & Warren LLP

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