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 seek monetary relief from defendants in federal court. We had anticipated this outcome in our December 2020 client alert “Supreme Court Review of FTC Monetary Relief Authority Threatens Long-Standing Agency Practice.” As we noted then, for decades the FTC used Section 13(b) to seek billions of dollars in restitution and disgorgement in a wide range of cases, including those involving telemarketing and online frauds, deceptive business practices, data security and privacy breaches, as well as in antitrust conduct cases. In its opinion, the Court
The US Supreme Court decides that the FTC is not authorized to seek monetary relief from defendants in federal court, in consumer fraud and antitrust cases (AMG Capital Management)
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