Why FTC Needs High Court Win On Monetary Equitable Relief

Law360 (July 17, 2020, 5:43 PM EDT) -- On the last day of its term, the U.S. Supreme Court granted certiorari in and consolidated two cases raising the critical issue of the Federal Trade Commission's ability to obtain equitable monetary relief under FTC Act Section 13(b): AMG Capital Management LLC v. FTC[1] and FTC v. Credit Bureau Center.[2] Winning those cases is of fundamental importance to preserving the FTC as it currently functions.

The FTC protects consumers principally by filing lawsuits in federal court using Section13(b) to win — by judgment or consent — disgorgement, consumer redress, asset freezes and other equitable relief as well as permanent injunctions. In...

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