Justices Skeptical Of FTC's Claim To Restitution Powers

Law360 (January 13, 2021, 8:03 PM EST) -- Several U.S. Supreme Court justices Wednesday questioned the Federal Trade Commission's long-claimed power to demand restitution in fraud and antitrust cases.

The Federal Trade Commission's practice of seeking disgorgement of ill-gotten gains was scrutinized at the U.S. Supreme Court on Wednesday. (AP Photo/Alex Brandon) The jurists are weighing whether to end the FTC's practice, frequently upheld in the lower courts, of using Section 13(b) of the Federal Trade Commission Act to seek disgorgement of ill-gotten gains from scams and other bad behavior. Passed in 1973, the section lets the agency seek injunctions, which under the FTC's legal argument can include restitution.

But critics...

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