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Corporate Counsel FTCA Section 13(b)

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

Kelley Drye & Warren LLP

Post-AMG Scorecard: The FTC Pivots to Other Statutory Bases for Monetary Relief

The Supreme Court in AMG foreclosed the FTC’s ability to pursue monetary remedies under Section 13(b) of the FTC Act. That, however, AMG has not stopped the FTC from pursuing monetary relief directly in court, while...more

Troutman Pepper

FTC Says: “Show Me the Money”

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On June 7, the Federal Trade Commission (FTC) announced a proposed settlement with MoviePass. And in an interesting twist, the FTC used the proposed settlement to announce a novel means of obtaining monetary relief....more

Cozen O'Connor

AMG Capital Decision May Mean More FTC Collaboration With State AGs, Increased Costs, Longer Timelines

Cozen O'Connor on

The Federal Trade Commission (FTC) has, for decades, considered itself a partner of state AGs in combatting anticompetitive, unfair, and deceptive trade practices, and state AGs certainly feel the same way. In December 2020,...more

Wiley Rein LLP

New at the FTC: Agency Forges Ahead Even As Supreme Court Curbs Authority

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The Federal Trade Commission (FTC) has been in the headlines this month, following a significant U.S. Supreme Court decision that curbs its authority to seek monetary relief in federal court cases. However, this setback is...more

Wilson Sonsini Goodrich & Rosati

AMG v. FTC: U.S. Supreme Court Ends Key FTC Consumer Protection Enforcement Practice

The FTC Can No Longer Go to Court for Monetary Relief Under Section 13(b) - On April 22, 2021, the United States Supreme Court unanimously decided the closely watched case AMG v. FTC. Petitioners argued that the Federal...more

Holland & Knight LLP

Supreme Court Grapples with FTC's Authority to Pursue Restitution Under Section 13(b)

Holland & Knight LLP on

On Jan. 13, 2021, the U.S. Supreme Court heard oral arguments in AMG Capital Management, LLC v. Federal Trade Commission, in which the Court grappled with the Federal Trade Commission's (FTC) authority to obtain equitable...more

Alston & Bird

Supreme Court Positioned to Limit FTC Ability to Obtain Monetary Relief

Alston & Bird on

For nearly 40 years, the Federal Trade Commission has used a provision of the FTC Act to impose monetary penalties in consumer protection cases that is under scrutiny by the Supreme Court. Our Consumer Protection/FTC Team...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court May End Key FTC Consumer Protection Enforcement Practice

Justices Considered Whether Certain Court-Imposed Monetary Remedies Are Legal - On Wednesday, January 13, 2021, the U.S. Supreme Court heard arguments in the much-anticipated case of AMG v. FTC, which challenges the Federal...more

Wiley Rein LLP

Third Circuit Sharply Limits FTC Authority to Obtain Monetary Relief as Supreme Court Prepares to Weigh In

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Last week, in FTC v. AbbVie et al., the Third Circuit joined the Seventh Circuit in holding that the Federal Trade Commission (FTC) was not authorized to seek disgorgement as a remedy under Section 13(b) of the FTC Act –...more

Orrick, Herrington & Sutcliffe LLP

Pending U.S. Supreme Court Cases May Restrict FTC’s Pursuit of Monetary Relief in Privacy and Cybersecurity Matters

Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases that provide it with the opportunity to severely restrict the Federal Trade Commission’s (“FTC’s”) authority to obtain equitable money relief in...more

Morrison & Foerster LLP

U.S. Supreme Court’s Decision To Review A Pair Of FTCA Cases Could Spell A Sea Change In FTC’s Enforcement Authority

The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of competition and unfair...more

Ballard Spahr LLP

SCOTUS To Decide Whether FTC Can Seek Restitution

Ballard Spahr LLP on

Last Thursday, in addition to agreeing to decide an issue of major significance under the Telephone Consumer Protection Act, the U.S. Supreme Court agreed to decide whether Section 13(b) of the Federal Trade Commission Act,...more

Alston & Bird

Supreme Court Cases Threaten a “Cornerstone” of the FTC’s Enforcement Program – Disgorgement

Alston & Bird on

A&B ABstract:    For decades, the FTC has pursued defendants allegedly engaged in “unfair or deceptive acts or practices in or affecting commerce” in violation of the FTC Act....more

Troutman Pepper

Courts Ratchet Up Scrutiny of Implied Federal Agency Enforcement Tools

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Federal agencies have long wielded a set of enforcement tools not explicitly provided for by statute. Restitution—used by the Federal Trade Commission (FTC) to secure billions from defendants—and disgorgement—the Securities...more

Jones Day

Seventh Circuit Curtails FTC's Authority to Seek Restitution

Jones Day on

The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute,...more

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