News & Analysis as of

AMG Capital Management LLC v FTC Supreme Court of the United States

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

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These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

BakerHostetler

The Chevron Decision Will Create Some Challenges for FTC Law Enforcement and Rulemaking

BakerHostetler on

It was certainly a memorable final week for the Supreme Court this term. There has been quite a lot to digest, and the impact and implications are broad and significant. But for now, let’s look through a narrow lens and focus...more

Hinch Newman LLP

FTC Announces Impersonation Rule Now Effective

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The rule gives the FTC stronger tools to combat those that impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking civil penalties - The Federal Trade Commission’s new rule on...more

Pillsbury Winthrop Shaw Pittman LLP

FTC Cracks Down on Business-to-Business Telemarketing and Seeks Input on Addressing Tech Support Scam Calls

The amended Rule now more broadly prohibits misrepresentation of goods and services during B2B telemarketing calls. The FTC has also amended the Rule to require enhanced recordkeeping practices for telemarketers and...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Enforcement Trends in Consumer Protection Under the Biden Administration

The Federal Trade Commission (FTC or the Commission) has continued aggressive regulation in the consumer protection space under the Biden administration. This persistent approach has occurred even in the face of recent...more

Venable LLP

Tracking the Impact of Securities and Exchange Commission v. Jarkesy and Other Constitutional Challenges Against the FTC

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In recent years, independent agencies have continued to face a number of constitutional and statutory challenges before the Supreme Court. AMG Capital Management struck down the Federal Trade Commission’s authority to obtain...more

ArentFox Schiff

Penalty Offense Authority and the Future of FTC Privacy Law

ArentFox Schiff on

From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States. The states played an important role,...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

Hinch Newman LLP

FTC Updates Endorsement Guides and FAQ Guidance Document While Proposing Rule That Will Impact Influencer Marketing and Digital...

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The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more

ArentFox Schiff

FTC Puts Almost 700 Advertisers on Notice That They May Face Civil Penalties for Unsubstantiated Claims

ArentFox Schiff on

On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice...more

Venable LLP

U.S. Supreme Court Justices Thomas and Gorsuch Skeptical of ALJ Proceedings in Axon Enterprise v. Federal Trade Commission...

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The U.S. Supreme Court’s landmark decision unanimously reversing the Ninth Circuit in Axon Enterprise v. Federal Trade Commission is likely to represent a monumental shift in pre-enforcement challenges to administrative...more

Manatt, Phelps & Phillips, LLP

Axon v. FTC: Now the Fun Begins

In today’s Axon decision, the Supreme Court concluded that a litigant may directly challenge the constitutionality of the structure (and even the existence) of the Federal Trade Commission (FTC or Commission) and the...more

Hinch Newman LLP

Another U.S. Supreme Court Ruling Erodes Traditional FTC Enforcement Authority Amounting to a Win for Digital Advertisers

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On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more

Foley & Lardner LLP

The FTC Adopts New Strategy to Obtain Monetary Relief in California after the Supreme Court’s Ruling in AMG Capital

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On September 19, 2022, the Federal Trade Commission (FTC) and the California Department of Financial Protection and Innovation (DFPI) filed their first joint lawsuit in California federal court against several companies, and...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

Goodwin

2021 Year in Review: Consumer Finance

Goodwin on

[co-authors: Amelie Hopkins, and Collin Grier] The year 2021 started with the hope of COVID-19 vaccines and a return to (relative) normalcy, only to conclude with new variants that presented new challenges and extended...more

BakerHostetler

The Shifting Post-AMG Landscape - Changes to the FTC Approach to Law Enforcement

BakerHostetler on

Ten months ago, the U.S. Supreme Court issued its unanimous decision in the AMG case, and with this decision, it put an end to the Federal Trade Commission’s (FTC) decades long reliance on Section 13(b) of the FTC Act as the...more

Wilson Sonsini Goodrich & Rosati

FTC Consumer Protection Remedies After the U.S. Supreme Court's AMG Decision

The U.S. Supreme Court's April 2021 decision in the AMG matter significantly limited the Federal Trade Commission's (FTC's) ability to seek monetary redress for consumers under the FTC Act, relief the FTC had successfully...more

Vinson & Elkins LLP

2021 Energy and Chemicals Antitrust Report

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Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

Proskauer - Minding Your Business

Without Equitable Monetary Relief, No Need for Asset Freeze or Receivership to Preserve Resources, and More Takeaways from the...

The Eleventh Circuit’s opinion last month in FTC v. On Point Capital Partners LLC, et al.,clarifies the ramifications of the Supreme Court’s ruling in AMG Capital Management regarding the prohibition of equitable monetary...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

Foley & Lardner LLP

Questioning Disgorgement Remedies in Light of the U.S. Supreme Court’s AMG Capital Management, LLC v. FTC Decision

Foley & Lardner LLP on

In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC Act to seek restitution or disgorgement. The...more

Sheppard Mullin Richter & Hampton LLP

FTC Signals Focus on Healthcare and Technology Platforms, Among Others

The FTC recently voted to authorize the use of compulsory processes—the FTC’s primary investigatory tools—on what it calls “key law enforcement priorities.” The resolutions allow investigators to take actions like issuing...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

Cozen O'Connor

House Passes Bill Authorizing FTC To Seek Monetary Damages In Federal Court

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The U.S. House of Representatives passed the Consumer Protection and Recovery Act, H.R. 2668, giving the Federal Trade Commission (“FTC”) an explicit authorization to seek monetary redress for consumers for harm caused by...more

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