“Untangling the Knot” or “A Grant of Immunity to Brazen Scammers”? The 7th Circuit Rejects Restitution as a Remedy under Section 13(b) of the FTC Act

Kelley Drye & Warren LLP
Contact

Last week, the U.S. Court of Appeals for the Seventh Circuit cannonballed directly into the roiling waters of debate over the Federal Trade Commission’s enforcement powers, when it determined in a closely-watched appeal that the agency does not have the right to restitution under the primary provision the Commission uses to attack fraud — Section 13(b) of the FTC Act.  The decision is certain to lead to other challenges to the agency’s authority, and has set off a high level of speculation about what will happen next.

In Federal Trade Commission v. Credit Bureau Center, the Seventh Circuit held that the FTC could not obtain monetary relief in the form of restitution under Section 13(b). The decision represents a substantial limitation to the FTC’s enforcement power, as the agency previously has sought restitution when bringing deceptive practices claims in federal court.

This is no small deal.  Between July 1, 2017 and June 30, 2018, according to the Federal Trade Commission’s 2018 Annual Report on Refunds to Consumers, the FTC’s Bureau of Consumer Protection obtained 114 court orders totaling $563 million and supported refund programs administered by FTC defendants or another federal agency to deliver more than $2.3 billion in refunds to consumers.

The Credit Bureau Center decision comes just six months after the Third Circuit held in FTC v. Shire Viropharma, Inc. that the FTC cannot bring a case under Section 13(b) unless the FTC can articulate specific facts that a defendant “is violating” or “is about to violate” the law.  In other words, the Third Circuit’s decision in Shire limits Section 13(b) to cases where the FTC is pursuing injunctive relief for existing or impending conduct but not for activity unlikely to reoccur.  Credit Bureau Center goes a good deal further, limiting the type of equitable relief the FTC seeks at the end of a proceeding.

The Shire decision – and other appeals pending before circuit courts focusing on the FTC’s Section 13(b) authority – compelled Commissioner Wilson to note in her May 2019 congressional testimony that “recent decisions have raised questions about our authority that conflict with the clear intent of Congress and long-established case law.”  Commissioner Wilson advocated for an interpretation of Section 13(b) that empowers courts to employ a full range of equitable remedies in cases where the FTC has brought actions – including equitable monetary relief.

Whether Congress might be tempted to step in remains unclear, but what is certain is that the Seventh Circuit’s decision invokes a circuit split that will not be resolved unless the ruling is appealed to the Supreme Court.

“An Implied Restitution Remedy Doesn’t Sit Comfortably”

The facts of Credit Bureau Center are straightforward: Credit Bureau Center placed online advertisements for rental properties that did not exist or that they were not permitted to offer. When potential renters responded to the advertisements, company representatives pretended to be owners of the apartments at issue and sent correspondence offering tours if the renters would first obtain a credit report. The company’s own websites were used to obtain the credit reports.  Although the websites purported to provide the credits reports free of charge, the consumer was unknowingly enrolled into a credit monitoring service with a monthly charge fee.

The FTC brought suit claiming that Credit Bureau Center acted unlawfully and deceived consumers.  In 2017, an Illinois federal court granted summary judgment to the FTC and ordered restitution of $5.2 million to affected consumers.  On appeal, Credit Bureau Center disputed the order, contending (among other things) that the lower court had no authority to impose restitution under Section 13(b), which, according to Credit Bureau Center, only permits the agency to seek injunctions against ongoing unlawful activity.

During oral argument before the Seventh Circuit, Credit Bureau Center asserted that a plain reading of Section 13(b) does not support the FTC’s “unbridled, standardless” authority to pursue measures beyond injunctive relief.  Counsel for the FTC, on the other hand, argued that the panel should follow the Seventh Circuit’s considerable precedent, which supports the agency’s ability to secure all equitable relief under Section 13(b), including restitution.

In the decision, written by Judge Diane Sykes, the Seventh Circuit held that the FTC does not have authority to seek restitution under Section 13(b) – that section of the statute is limited to injunctive relief.   The decision recognized that FTC has long viewed Section 13(b) as allowing for awards of restitution, and that various courts have endorsed that understanding.  Indeed, the Seventh Circuit itself, in FTC v. Amy Travel Service, 875 F.2d 564 (7th Cir. 1989), found that Section 13(b) authorizes restitutionary relief.  [Bill MacLeod, who led the prosecution of Amy Travel while FTC Bureau Director, recalls that there was little doubt at the time that the remedial authority in Section 13(b) included all equitable relief a court could order.]

Still, despite three decades of precedent, the court vacated the restitution award and held that Section 13(b) does not permit such relief.  The court relied on Meghrig v. KFC W., Inc., 516 U.S. 479 (1996) in reasoning that courts must consider whether an implied equitable remedy is compatible with a statute’s express remedial scheme.  Applying Meghrig, the majority concluded that Section 13(b)’s grant of authority to order injunctive relief does not also permit a restitution award, despite thirty years of relevant precedent (“[s]tare decisis cannot justify adherence to an approach that Supreme Court precedent forecloses.”)

The majority undertook a detailed analysis of the FTC’s various enforcement mechanisms, explaining that the FTC adjudicates cases before administrative law judges under its “cease and desist” power inherent in Section 45(b).  The FTC also can preemptively resolve whether certain conduct violates the Act through rulemaking – a process that allows for legal and equitable remedies from violators.

The court found that Section 13(b) was different, as it allowed the FTC to forego administrative adjudication or rulemaking and directly pursue an injunction in federal court.  But by doing so in this case, the agency sought a remedy – restitution – not mentioned anywhere in the statute.  According to the court, the FTC’s argument that Section 13(b) implicitly authorized restitution held no weight.

In sum, reasoning that Section 13(b) allows the FTC to obtain injunctions that halt illegal conduct,  not other forms of equitable relief,  the court determined that its remedy provision must be limited to negative injunctions.  To read the statute in any other way, “would condition the Commission’s ability to secure restitution for past conduct on the existence of ongoing or imminent unlawful conduct” which would be an “illogical implication.”

Tying the FTC’s Hands

In a sharp dissent, Chief Judge Diane P. Wood, joined by two other judges, rebuked the majority both for denying the rehearing en banc and for overturning the long-standing Amy Travel precedent.  First, Judge Wood wrote that no recent Supreme Court decision had demanded such a “sea change” and that the majority effectively “tied the hands of a government agency” without the “careful consideration that plenary en banc review would have provided.”  The dissent criticized the majority’s effort to “trivialize the fact that eight [ ] sister circuits agree with Amy Travel’s holding.”

Judge Wood wrote that decisions from other circuits subsequent to Amy Travel were thoroughly explained and persuasive. The Seventh Circuit’s rejection of such precedent and refusal to rehear the case en banc constitutes error, Judge Wood reasoned. The majority was unfazed: “We recognize that this conclusion departs from the consensus view of our sister circuits. But when deciding whether we should overturn precedent, “[w]e are not merely to count noses. The parties are entitled to our independent judgment.” Quoting United States v. Hill, 48 F.3d 228, 232 (7th Cir.1995).

Regarding the proper interpretation of Section 13(b), Judge Wood’s dissent lambasted the majority’s reasoning. According to the dissent, the FTC Act provides for a “finely crafted system of enforcement powers and remedies” and the majority’s approach “upends what the agency and Congress have understood to be the status quo for thirty years.” The dissent disputed that the majority adopted a “textualist” view of the statute.  “If the text is overwhelming at all,” the dissent reasoned, “I find it overwhelmingly to support the power of the FTC to use any of the tools that Congress gave it . . .”

A close examination of the FTC Act, Judge Wood wrote, reveals that Congress expressly decided to give the agency a “menu” of options: the FTC has the ability to move unilaterally when it uses its rulemaking or cease-and-desist powers, and to act as a party before the court if it seeks a preliminary or permanent injunction. Unambiguously, the dissent then states: “It is not up to us to take away that which Congress gave.”

Judge Wood’s dissent also distinguished the majority’s reading of Meghrig.  Even Meghrig did not purport categorically to exclude an order to make payments from injunctive relief – and that case involved private plaintiffs. The dissent called it “remarkable” that the majority could interpret the decision to impose such a limitation on the relief that a government plaintiff, such as the FTC, could seek.  In sum, the dissent concludes that “nothing in Meghrig, and nothing in the cases following Meghrig, comes close to holding that a government agency acting pursuant to express authority to seek injunctive relief cannot ask for a mandatory injunction requiring turn-over of money.”

What’s Next?

Well, that remains to be seen, although it is a safe bet that this is not the final word when it comes to the reach of Section 13(b).  Congress could step in and write restitution into the FTC Act, as Commissioner Wilson has suggested.  There is likely to be a lot of noise around the Section 13(b) issue following the Seventh Circuit decision and many legislators on both sides of the aisle likely will agree with Chief Judge Wood that reading mandatory equitable powers out of Section 13(b) is not the right result, particularly when dealing with the FTC’s fraud program.  And, of course, the majority in Credit Bureau Center would agree that a legislative approach would be the correct course (“[i]t is now well settled that Congress, not the judiciary, controls the scope of remedial relief when a statute provides a cause of action.”).

It also seems likely that the FTC will seek certiorari – how could it not?  In fact, the FTC has done it before when a Seventh Circuit decision went against the agency, obtaining a unanimous reversal in FTC v. Indiana Federation of Dentists, 476 U.S. 447 (1986).  You would imagine that the FTC would be anxious to line up with sympathetic circuits here and resolve this issue once and for all.

A larger concern relates to the “brazen scammers,” as characterized by Chief Judge Wood.  Without the threat of having to return ill-gotten gains and redress consumer injury, will their breed proliferate, causing substantial consumer injury?  Or, as the majority in Credit Bureau Center seems to contend, should this not be a concern, given that Congress has already thought this through and provided the FTC with all the tools it needs?

And is there a middle ground?  In their excellent 2013 Antitrust Law Journal article, former FTC Chairman Tim Muris and Professor Howard Beales in many ways foresaw the current debate and suggested that the FTC and courts work to ensure that there are meaningful limits on the use of Section 13(b) to obtain consumer redress. 79 Antitrust Law Journal No. 1 (2013).  Like the majority and minority here, they relied on the language of the statute, but focused their attention on the statute’s authorization limiting the FTC’s ability to seek a “permanent injunction” only in “proper cases.”  Their suggestion:  “the touchstone for determining a “proper case” is whether a reasonable person would have known that the conduct was dishonest and fraudulent.”  In other words, restitution under Section 13(b) should not be pursued in cases in which it would not be available under Section 19.

How this all will shake out remains an open question.  In the meantime, expect a torrent of motion practice in Section 13(b) cases.  We should also expect the FTC to continue to file Section 13(b) cases seeking restitution in every circuit, except, that is, the Seventh.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kelley Drye & Warren LLP | Attorney Advertising

Written by:

Kelley Drye & Warren LLP
Contact
more
less

Kelley Drye & Warren LLP on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.