MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses
JONES DAY TALKS®: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision
Key Takeaways from the AMG Capital Management v. FTC Decision
A Texas federal court dismissed the Federal Trade Commission’s (FTC) lawsuit against private equity (PE) owner, Welsh, Carson, Anderson & Stowe (Welsh Carson), while allowing to proceed the agency’s challenge against U.S....more
On May 24, the FTC finalized an order against an electronic payment processor and its owners for allegedly opening credit card processing accounts for fake companies on behalf of a scam company previously sued by the FTC....more
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
Lina Khan was appointed FTC Chair in June of this year, about five months ago as of this writing. Even before she arrived, she promised to bring bold new thinking to the agency and to change the way it does business. In...more
It was an extraordinary week as the FTC continued to press the frontier of the post-AMG Capital Management landscape. On Friday, the Commission, making good on promises to creatively explore all of its options for...more
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
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
The Supreme Court recently dealt a potential blow to the FTC’s enforcement tool chest. In particular, the decision impacts its ability to seek monetary relief under a theory it has used in a wide variety of cases, included...more
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
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
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
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
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
On April 27, 2021, the House Committee on Energy and Commerce held a hearing titled, “The Consumer Protection and Recovery Act: Returning Money to Defrauded Consumers.” This hearing was held five days after the U.S. Supreme...more
In a unanimous ruling, the Supreme Court recently eliminated the ability of the Federal Trade Commission (“FTC”) to seek monetary relief in district court under § 13(b) of the Federal Trade Commission Act (“FTC Act”) - a...more
On April 20, members of the Federal Trade Commission (FTC) testified before the Senate Commerce Committee to update lawmakers of their efforts to curtail scams and other fraudulent consumer abuses related to the novel...more
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
On April 22, 2021, the Supreme Court of the United States issued an opinion finding that the Federal Trade Commission (“FTC”) does not have the authority to order disgorgement (i.e., monetary relief) under Section 13(b) of...more
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
SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b) - Well, the buck stops here (for now). In AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the...more
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
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
The U.S. Supreme Court’s unanimous decision on April 22, 2021, in AMG Capital Management LLC v. Federal Trade Commission curtails the authority of the Federal Trade Commission (FTC) to seek equitable monetary relief in...more
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
In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court...more