FTC Chairman Defends No-Fault Litigation Pacts

Law360, New York (July 10, 2012, 7:56 PM EDT) -- Federal Trade Commission Chairman Jon Leibowitz on Monday defended the agency's practice of allowing companies to neither admit nor deny liability when settling consumer protection cases, over the staunch opposition from Commissioner J. Thomas Rosch.

Leibowitz told Law360 that the FTC would continue to use no-fault settlements despite recent criticisms from Rosch and federal judges that failing to determine liability leaves open questions about whether the proposed relief adequately addresses the alleged wrongdoing.

“Sometimes as an agency, you need to use neither-affirm-nor-deny,” Leibowitz said.

His comments...
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