High Court Blow To FTC Restitution Could Be Temporary

Law360 (April 29, 2021, 6:48 PM EDT) -- On April 22, the U.S. Supreme Court removed an important tool from the Federal Trade Commission's arsenal by unanimously holding that the Federal Trade Commission Act does not authorize the FTC to seek equitable monetary relief without first obtaining a cease-and-desist order in administrative proceedings.[1]

This article discusses the importance of the decision in AMG Capital Management LLC v. Federal Trade Commission, the court's rationale and how Congress and the FTC might respond.

The FTC's Statutory Authority for Seeking Restitution and Disgorgement

The FTC is authorized to use the Federal Trade Commission Act to prevent unfair methods of competition and unfair...

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