Earlier this week, FTC Acting Chairwoman Rebecca Kelly Slaughter sent a letter to the Chair and Ranking Member of the House Commerce Committee responding to a letter sent to the lawmakers by the U.S. Chamber of Commerce regarding the legislation that has been introduced to amend Section 13(b) of the FTC Act. … Continue Reading
disgorgement
FTC Commissioners give testimony to Senate Commerce Committee on FTC’s Section 13(b) authority
By Addison Morgan on
Posted in FTC, Regulatory and Enforcement
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
Third Circuit rules FTC cannot obtain disgorgement under FTC Act Section 13(b)
By Alan S. Kaplinsky on
Posted in FTC, Regulatory and Enforcement
Last week, in FTC v. AbbVie Inc., the U.S. Court of Appeals for the Third Circuit ruled that Section 13(b) of the Federal Trade Commission Act, which expressly gives the FTC authority to obtain injunctive relief, does not allow a district court to order disgorgement. In July 2020, the U.S.… Continue Reading
SCOTUS decision on SEC disgorgement authority has implications for FTC
By Alan S. Kaplinsky on
Posted in FTC, Regulatory and Enforcement
In an 8-1 decision, the U.S. Supreme Court ruled this past Monday in Liu v. SEC that a disgorgement award that does not exceed a wrongdoer’s net profits and is used to compensate victims is “equitable relief” that the SEC can seek in civil actions. At its conference tomorrow, the Supreme Court will be considering the FTC’s for a writ of certiorari in FTC v.… Continue Reading
FTC files lawsuit against fuel card marketer
By Alan S. Kaplinsky on
Posted in FTC, Regulatory and Enforcement
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 and deceptive acts and practices. The company’s CEO was also named as a defendant.… Continue Reading