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In AMG, SCOTUS ruled that Sec. 13(b) of the FTC Act does not give the FTC authority to seek equitable monetary relief (e.g. restitution or disgorgement).  After reviewing AMG’s history and SCOTUS’s analysis, we discuss the reasons for the FTC’s infrequent use of administrative hearings, AMG’s implications for pending and settled cases, the FTC’s…

Today, by a vote of 69-28, the full Senate confirmed Lina Khan to serve as FTC Commissioner.

Ms. Khan will fill the FTC seat vacated by former FTC Chairman Joseph Simons.  His remaining term runs through September 2024.   Ms. Khan’s confirmation means the Democrats now hold a 3-2 Democratic majority, with the Democratic Commissioners consisting…

In our recent webinar, “The Consumerization of Small Business Lending: Significant Developments and Trends,” Ballard attorneys were joined by special guest Malini Mithal, Associate Director of the Federal Trade Commission’s Division of Financial Practices.  Mark Furletti, Co-Chair of the firm’s Consumer Financial Services Group also participated in the webinar, together with John Socknat, a partner…

Federal and state courts, lawmakers, and regulators are increasingly recognizing that, in contrast to large businesses, small businesses often lack the sophistication needed to operate on an equal footing with providers of commercial financing.  As a result, there has been a growing body of legislative, regulatory, and enforcement activity on the federal and state levels…

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.  The legislation (H.R.…

The Senate Commerce Committee voted yesterday to advance President Biden’s nomination of Lina Khan to serve as FTC Commissioner.  Only four Republican Senators voted not to advance Ms. Khan, which is viewed as an indication of bipartisan support for a change in the FTC’s approach to antitrust regulation and enforcement.  The nomination now moves to…

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 Court ruled that § 13(b) of the Federal Trade Commission Act (the “Act”) does not authorize the FTC to…

The California Supreme Court recently agreed to hear an appeal in Pulliam v. HNL Automotive Inc., a case with significant implications for the amount of money a plaintiff can recover when proceeding against a dealer/seller under the FTC Holder Rule.   

Officially titled the “Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses,” …