News & Analysis as of

Enforcement Actions Permanent Injunctions

Fenwick & West LLP

SEC v. Ripple Decision Makes Waves in Digital Assets Enforcement

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On August 7, 2024, nearly four years after the SEC filed its complaint alleging Ripple sold XRP in unregistered securities transactions in violation of Section 5 of the Securities Act, the district court issued its final...more

BakerHostetler

Ripple Case Reaches Final Judgment as Digital Assets Law Continues to Evolve

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On Aug. 7, the U.S. District Court for the Southern District of New York issued its judgment in U.S. Securities and Exchange Commission v. Ripple Labs, Inc., marking the end of district court- level proceedings in the highly...more

Fenwick & West LLP

Crypto Litigation & Enforcement: H1 2024  - Key Takeaways and Updates

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The beginning of this year brought several legal milestones in the world of crypto litigation and enforcement. In the first live installment of our quarterly update webinar, we discussed how...more

Hudson Cook, LLP

FTC and Online Used Car Dealer Agree to Settle Alleged Unfair and Deceptive Advertising and Business Practices Claims

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On July 2, 2024, the FTC filed a joint motion for entry of the FTC and the Company's stipulated order for permanent injunction, monetary judgment, and other relief to resolve allegations of misleading consumers who purchased...more

Davidoff Hutcher & Citron LLP

New Developments in Enforcement Actions Against Unlicensed Cannabis Stores: Three New York Cases Worth Re-examining

This article summarizes three recent cases which illustrate different ways that authorities can proceed against unlicensed cannabis sellers. Over the past year or more, stores selling cannabis products have flourished...more

Orrick, Herrington & Sutcliffe LLP

District Court dismisses FTC’s privacy claims against data broker with leave to amend

On May 4, the U.S. District Court for the District of Ohio issued two separate rulings in a pair of related disputes between the FTC and a data broker. The disputes center around accusations made by the FTC last August that...more

Wyrick Robbins Yates & Ponton LLP

Glow Up or Blow Up: Five Takeaways from the CCPA Enforcement Action Against Sephora

As we discussed last year, the California Attorney General’s Office (“OAG”) has been wielding its enforcement authority under the California Consumer Privacy Act since the law became enforceable in July 2020.  But for two...more

Venable LLP

The FTC Moves Its Attention to a For-Profit Medical School

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Last week, the Federal Trade Commission filed a complaint in the Northern District of Illinois against the Saint James School of Medicine (SJSM), an Illinois-based for-profit medical school, claiming its Caribbean medical...more

Goodwin

FTC Obtains Permanent Injunction Against For-Profit Medical School

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On April 15, 2022, the Federal Trade Commission (FTC) announced that it obtained a permanent injunction against an Illinois-based, offshore, for-profit medical school for deceptive marketing practices. In its complaint...more

BakerHostetler

AD-ttorneys@law - April 2022

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Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

Farrell Fritz, P.C.

Herbal COVID Remedy Is Not The Government’s Cup of Tea

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Last week, the EDNY and the DOJ Consumer Protection Branch brought a civil enforcement action against defendants who manufacture and sell an herbal tea product called B4B Earth Tea Extra Strength (“Earth Tea”).  Earth Tea...more

Perkins Coie

Fintech Legal Report - September 2021 #2

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House Financial Services Committee Discusses Consumer Rights to Access Personal Financial Data - On September 21, 2021, the House Committee of Financial Services Task Force on Financial Technology held a hybrid hearing...more

Jones Day

JONES DAY TALKS®: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision

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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

Sheppard Mullin Richter & Hampton LLP

FTC Takes Novel Approach to Seek Civil Money Penalties in the Wake of AMG Capital Ruling

On June 10, the Federal Trade Commission (FTC) filed an amended complaint for civil money penalties and other relief under Section 5 of the FTC Act prohibiting “unfair or deceptive acts or practices” and Section 521 of the...more

Moore & Van Allen PLLC

Supreme Court Limits FTC's Power to Seek Damages

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In AMG Capital Management v. FTC, a unanimous Supreme Court recently struck the Federal Trade Commission’s (the FTC) power to obtain monetary relief under § 13(b) of the FTC Act (the Act). Under § 13(b), the FTC can seek the...more

Kelley Drye & Warren LLP

Post-AMG Scorecard: The FTC is Required to Pay Receiver’s fees in Cardiff

Last Month, in AMG Capital Management, LLC v. FTC, the Supreme Court ruled that Section 13(b) of the FTC Act does not allow for monetary remedies. While the importance of this ruling is plain, its implications are only now...more

BakerHostetler

[Podcast] The Future of Consumer Redress After Supremes Rule in AMG Capital Management v FTC

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In a highly anticipated recent Supreme Court decision in the case of AMG Capital Management v. FTC, the court ruled in favor of putting the brakes on consumer redress and the commission’s ability to protect consumers from...more

Goodwin

Fed Proposes Guidelines for Access to Master Accounts and Payment Services

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In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve), in response to an increased number of inquiries and access requests from companies with fintech and other narrow purpose charters, invited...more

Goodwin

U.S. Supreme Court Significantly Restricts FTC Civil Enforcement Powers in AMG Capital Decision

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The U.S. Supreme Court dealt a blow to the U.S. Federal Trade Commission (“FTC”) in a recent decision that eliminated the agency’s ability to seek monetary remedies in enforcement actions in federal court. This new ruling has...more

Manatt, Phelps & Phillips, LLP

Why the Supreme Court’s Unanimous FTC Decision Changes Everything

The Supreme Court has just made it significantly more difficult for the Federal Trade Commission (FTC) to obtain monetary relief in enforcement actions, terminating a practice the FTC has engaged in for decades to exact...more

Mintz - Antitrust Viewpoints

The Tail Cannot Wag the Dog: the U.S. Supreme Court Rules that the FTC Cannot Seek Equitable Monetary Relief in Section 13(b)...

On April 22, 2021, in a unanimous decision authored by Justice Stephen Breyer, the U.S. Supreme Court ruled that the Federal Trade Commission (“FTC”) does not have the authority to seek monetary relief under Section 13(b) of...more

Vinson & Elkins LLP

Unanimous Supreme Court Limits FTC’s Ability To Seek Monetary Remedies

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On April 22, 2021, the Supreme Court limited the Federal Trade Commission’s ability to seek restitution or disgorgement under Section 13(b) of the FTC Act. Justice Stephen G. Breyer, author of the unanimous 9-0 decision,...more

A&O Shearman

Supreme Court deprives FTC of key enforcement tool

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On April 22, in AMG Capital Management v. FTC, the Supreme Court unanimously struck down one of the Federal Trade Commission’s key enforcement tools....more

Cooley LLP

Alert - AMG v. FTC: US Supreme Court Severely Limits FTC’s Ability to Seek Monetary Relief

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The US Supreme Court ruled last week that the Federal Trade Commission doesn’t have the authority to seek equitable monetary relief in federal court under Section 13(b) of the FTC Act in AMG Capital Management LLC v. FTC....more

BakerHostetler

SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b)

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Well, the buck stops here (for now). Last week, in AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade Commission (FTC) Act does not authorize...more

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