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Can Congress Amend Section 13(b) to Allow for Retroactive Restitution? | Kelley Drye & Warren LLP

Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as it considers whether to amend Section 13(b) of the FTC Act.  As we explained yesterday, in AMG, the Supreme Court definitively (9-0) held that the current text of the statute only allows for injunctive relief. While the official line is that the FTC does not lobby Congress, the Agency is making its preference...
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