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.