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

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Significantly, the Supreme Court ruling did not limit the FTC’s ability to investigate unfair or deceptive practices or unfair methods of competition, or to seek injunctions to stop that conduct. Rather, the ruling limits only the relief that the FTC can obtain in federal court under Section 13(b). In other words, the FTC can follow its administrative process and then seek monetary relief under a separate section of the FTC Act if an actor violates a resulting FTC order.

For a more in-depth discussion of the Supreme Court case, see “The Supreme Court Rules That Disgorgement Is Not an Available Remedy Under the FTC Act – What Comes Next?

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