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 Fifth Circuit because it concluded that monetary relief is not available under Section 13(b).

In

Last week, the FTC filed an administrative complaint against Fleetcor Technologies, a marketer of fuel cards, and its CEO in which the FTC alleges that the respondents violated the FTC Act’s prohibition on unfair or deceptive acts or practices.  The complaint’s allegations mirror those in the lawsuit filed by the FTC against the respondents in

At her first FTC meeting earlier this month, newly-confirmed FTC Chair Lina Khan moved, and the Commission approved (by a 3-2 vote), changes to the FTC’s rulemaking process.  The changes could assist the efforts of Democratic FTC Commissioners to further White House policy goals and lead to new UDAP rules.

Pursuant to the 1975 Magnuson-Moss

Last Friday, President Biden issued an Executive Order on Promoting Competition in the American Economy.  Much of the Order is directed at increasing competition in the labor market, transportation, agriculture, healthcare, and technology.  It calls on the FTC, the DOJ, and other agencies to pursue vigorous enforcement of the antitrust laws.  The Order also

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