TINA org Lobbies FTC to Use Penalty Offense Authority against Direct Sellers | Kelley Drye & Warren LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
There are some really smart lawyers at the FTC. For over 40 years, they were able to convince the federal judiciary (and, let’s face it, most of us) that the FTC had an authority that.
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The US Supreme Court ruled last week that the Federal Trade
Commission doesn t have the authority to seek equitable
monetary relief in federal court under Section 13(b) of the FTC Act
in
The text of Section 13(b) expressly allows the Commission to
seek injunctive relief (temporary restraining orders or preliminary
injunctions in aid of administrative proceedings, as well as
permanent injunctions in proper cases ), but is silent
on whether the agency can also seek equitable monetary relief.
Nonetheless, courts for years have ordered consumer redress,
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The US Supreme Court ruled last week that the Federal Trade Commission doesn’t have the authority to seek equitable monetary relief in federal court under Section 13(b) of the FTC Act in
The text of Section 13(b) expressly allows the Commission to seek injunctive relief (temporary restraining orders or preliminary injunctions in aid of administrative proceedings, as well as permanent injunctions in “proper cases”), but is silent on whether the agency can also seek equitable monetary relief. Nonetheless, courts for years have ordered consumer redress, including disgorgement and restitution under Section 13(b) in response to agency requests.
What To Expect From Director Rohit Chopra s CFPB - Consumer Protection mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.