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,[1] the Supreme Court will decide whether to end the FTC's practice of seeking restitution and disgorgement of...

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