Welcome to the Major US Supreme Court and Appellate Cases chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - .
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In recent years, the Federal Trade Commission (FTC) has with increasing frequency sued in federal court under the purported authority of Section 13(b) of the Federal Trade Commission Act
1 (FTC Act) to obtain restitution of losses or disgorgement of profits resulting from “unfair methods of competition” or “unfair or deceptive acts or practices.” In doing so, the FTC has circumvented often time-consuming FTC administrative hearings that can produce nothing more than a cease-and-desist order. The FTC has followed this procedure in pursuit of both its consumer protection mission and its antitrust enforcement mission. On 22 April 2021, the U.S. Supreme Court in
Tuesday, May 11, 2021
In recent years, the Federal Trade Commission (FTC) has with increasing frequency sued in federal court under the purported authority of Section 13(b) of the Federal Trade Commission Act
1 (FTC Act) to obtain restitution of losses or disgorgement of profits resulting from “unfair methods of competition” or “unfair or deceptive acts or practices.” In doing so, the FTC has circumvented often time-consuming FTC administrative hearings that can produce nothing more than a cease-and-desist order. The FTC has followed this procedure in pursuit of both its consumer protection mission and its antitrust enforcement mission. On 22 April 2021, the U.S. Supreme Court in
In a 9-0 decision issued on April 22, 2021, the United States Supreme Court held that the Federal Trade Commission’s (“FTC”) authority to seek equitable monetary remedies (restitution.
Justices Considered Whether Certain Court-Imposed Monetary Remedies Are Legal
On Wednesday, January 13, 2021, the U.S. Supreme Court heard arguments in the much-anticipated case of
AMG v. FTC, which challenges the Federal Trade Commission s (FTC s) authority to obtain monetary relief in court under Section 13(b) of the FTC Act. The Court s decision is likely to have a significant impact on the relief the FTC is able to obtain in federal court proceedings.
Petitioners AMG seek to overturn the Ninth Circuit s award of monetary relief under Section 13(b). Judge O Scannlain argued that although the panel was compelled to follow longstanding circuit precedent and award money, the statute s reference to injunction should not in fact be read to authorize monetary judgments.