News & Analysis as of

FTCA Section 13(b) Federal Trade Commission (FTC) Restitution

BakerHostetler

Money, Money, Money - Recent Decision Shows a Court Wrestling with the Proper Amount of Civil Penalties to Award the FTC

BakerHostetler on

Much ink has been spilled over the impact of the Supreme Court’s AMG decision on the Federal Trade Commission (FTC). That decision held that Section 13(b) of the FTC Act did not authorize a federal court to award equitable...more

Kelley Drye & Warren LLP

Update: Chair Cantwell Introduces S. 4145, A One-Sided 13(b) Fix

On Wednesday, we described draft legislation circulating in the Senate Commerce Committee that would have given the Federal Trade Commission almost unfettered authority to enjoin permanently any act, practice or method of...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

Kelley Drye & Warren LLP

Post-AMG Scorecard (Updated): Different Roads Forward for the FTC in Pending Cases

The ripple effects continue from the Supreme Court’s holding in AMG Capital Management, LLC v. FTC, explaining that Section 13(b) of the FTC Act does not allow (and never did allow) monetary remedies....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

Sheppard Mullin Richter & Hampton LLP

Court Agrees with FTC: Can Seek Relief under Section 19

The U.S. District Court for the Northern District of Illinois recently used Section 19 of the FTC Act to impose a $5 million restitution award after the original restitution award under Section 13(b) was vacated by the...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

Ballard Spahr LLP

FTC successfully uses Section 19 of FTC Act to obtain restitution as alternative to Section 13(b)

Ballard Spahr LLP on

An Illinois federal district court has ruled that Section 19 of the FTC Act provided an alternate route for the FTC to obtain restitution after its prior restitution award under Section 13(b) of the FTC Act was vacated by the...more

Kelley Drye & Warren LLP

Post-AMG Scorecard (Updated): FTC Claims for Monetary Relief in 13(b) Actions Dwindle

As AMG recedes further into the past, lower courts are becoming more comfortable disposing of 13(b) actions where the proceedings are attempting to obtain monetary restitution as a matter of course. In many instances below,...more

Kelley Drye & Warren LLP

Post-AMG Scorecard (Updated): Different Roads Forward for the FTC in Pending Cases

The ripple effects continue from the Supreme Court’s holding in AMG Capital Management, LLC v. FTC, explaining that Section 13(b) of the FTC Act does not allow (and never did allow) monetary remedies....more

WilmerHale

US Supreme Court Bars the FTC from Seeking Restitution under Section 13(b) of the FTC Act: What Businesses Can Expect

WilmerHale on

On April 22, 2021, the US Supreme Court ruled that Section 13(b) of the Federal Trade Commission Act, which authorizes the Federal Trade Commission (FTC) to pursue certain injunctive relief in court, does not authorize the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Curbs FTC’s Authority To Seek Monetary Relief in Federal Court — At Least Temporarily

Last week, the U.S. Supreme Court decided unanimously in AMG Capital Management, LLC v. FTC that Section 13(b) of the Federal Trade Commission Act of 1914 (FTC Act) does not authorize the Federal Trade Commission (FTC) to...more

Epstein Becker & Green

The Supreme Court Rules That Disgorgement Is Not an Available Remedy Under the FTC Act – What Comes Next?

Epstein Becker & Green on

We blogged last October (here) about the Third Circuit’s decision in FTC v. AbbieVie Inc., holding that Section 13(b) of the Federal Trade Commission Act, which expressly gives the FTC authority to obtain injunctive relief,...more

Kelley Drye & Warren LLP

Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?

Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as it considers whether to amend Section...more

Kilpatrick

Supreme Court Limits FTCs Authority to Obtain Monetary Relief in Federal Court Under Section 13b of the FTC Act

Kilpatrick on

On April 22, 2021, the Supreme Court issued a long awaited decision that rejects the Federal Trade Commission’s (FTC) longstanding use of Section 13(b) of the FTC Act to obtain equitable monetary relief in federal courts. The...more

McGuireWoods LLP

U.S. Supreme Court Rejects Federal Trade Commission’s Restitution Authority

McGuireWoods LLP on

On April 22, 2021, the U.S. Supreme Court unanimously held that Section 13(b) of the Federal Trade Commission Act does not grant the Federal Trade Commission (FTC) authority “to seek, [or] a court to award, equitable monetary...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

Ballard Spahr LLP

SCOTUS rules FTC Act Section 13(b) does not authorize FTC to seek restitution or disgorgement

Ballard Spahr LLP on

In a unanimous decision, the U. S. Supreme Court ruled today that Section 13(b) of the Federal Trade Commission Act (Act) does not authorize the FTC to seek, and a court to award, monetary relief such as restitution or...more

Mintz - Antitrust Viewpoints

Body Camera Manufacturer Fails in Bid to Escape FTC Administrative Jurisdiction as Ninth Circuit Shows No Appetite for Judicial...

The FTC, and antitrust enforcement in general, are having their moment. For example, in early January the Supreme Court heard oral arguments in AMG Capital Management v. Federal Trade Commission, a case questioning the FTC’s...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Supreme Court: The FTC – The Chief Federal Agency on Privacy Policy and Enforcement Since the 1970s – May Not Have Ever Had...

While Europe is leveraging hefty fines against violators of the EU General Data Protection Regulation (GDPR), the United States Supreme Court heard oral arguments last month on whether the FTC – the chief federal agency on...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

Kelley Drye & Warren LLP

Supreme Court Vacates its Prior Grant of the FTC’s Petition for Certiorari in FTC v. Credit Bureau Center, LLC: What Does it Mean...

Kelley Drye & Warren LLP on

This morning, in a brief line order, the Supreme Court vacated its prior grant of the Federal Trade Commission’s petition for certiorari in Federal Trade Commission v. Credit Bureau Center, LLC (“Credit Bureau”). Justice...more

Kelley Drye & Warren LLP

Section 13(b) at the Start of the Supreme Court’s October Term: Where Things Stand, Where They’re Likely to End, And A Proposed...

Kelley Drye & Warren LLP on

The Supreme Court’s new term began last Monday. This new term has taken on heightened significance with President Trump’s nomination of current Seventh Circuit Judge Amy Coney Barrett to the High Court. President Trump and...more

Ballard Spahr LLP

SCOTUS To Decide Whether FTC Can Seek Restitution

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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

Ballard Spahr LLP

FTC files lawsuit against fuel card marketer

Ballard Spahr LLP on

The FTC has filed a lawsuit in an Atlanta federal district court against a company that markets fuel cards to operators of vehicle fleets in which the FTC alleges that the company violated the FTC Act’s prohibitions on unfair...more

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