On April 20, 2021, in anticipation of an adverse Supreme Court ruling, the Senate Committee on Commerce, Science, and Transportation held a hearing titled, “Strengthening the Federal Trade Commission’s Authority to Protect Consumers.” Two days after the hearing, on April 22, 2021, the U.S. Supreme Court ruled that Section 13(b) of the Federal Trade Commission Act (the “Act”) does not authorize the FTC to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.… Continue Reading
SCOTUS rules FTC Act Section 13(b) does not authorize FTC to seek restitution or disgorgement
By Ballard CFS Group on
Posted in FTC, Litigation and Court Decisions
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 disgorgement.
In AMG Capital Management, LLC v. FTC, the FTC filed a lawsuit in federal district court against several payday lenders and their owner for engaging in alleged unfair or deceptive acts or practices in violation of Section 5 of the Act. … Continue Reading