FTC Authority To Obtain Monetary Relief May Be Under Threat
Law360 (January 15, 2021, 6:22 PM EST) -- On Jan. 13, the U.S. Supreme Court heard argument in a case that could have a profound impact on what the Federal Trade Commission describes as two of its most important and effective enforcement tools — restitution and disgorgement.
Pursuing these monetary remedies has become increasingly central to the FTC's enforcement efforts. Yet the FTC historically has pursued such relief based on a statute that does not expressly authorize monetary relief, but rather refers only to injunctions.
In AMG Capital Management LLC v. FTC, the Supreme Court will decide whether to end the FTC's practice of seeking restitution and disgorgement of...
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