9th Circ. Backs FTC's $34M Telemarketing Damages Bid

Law360, New York (September 20, 2013, 3:03 PM EDT) -- The Ninth Circuit on Thursday gave the Federal Trade Commission another shot at recovering $34.4 million allegedly drained from consumers through deceitful magazine subscription telesales, ruling a lower court misapplied the FTC Act in curtailing a damages award.

A unanimous three-judge panel held that U.S. District Judge Philip Pro incorrectly relied on the controlling law of the Second Circuit tying a damages baseline to a defendants' ill-gotten profits instead of conflicting precedent from the Ninth Circuit basing FTC Act restitution on the amount of consumer loss....
To view the full article, register now.

Documents

Related

Sections

Case Information

Case Title

FTC v. Publishers Business Services,, et al


Case Number

11-17270

Court

Appellate - 9th Circuit

Nature of Suit

1890 Other Statutory Actions

Date Filed

September 23, 2011

Law Firms

Government Agencies

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.