[co-author: Daniela Manzi]
On April 22, 2021, the Supreme Court issued a unanimous decision prohibiting the Federal Trade Commission (FTC) from using its preferred tool for regulating marketplace misconduct. The Court held that Section 13(b) of the Federal Trade Commission Act (FTCA), which allows the FTC to seek injunctive relief in federal court, does not extend to monetary relief in the form of restitution or disgorgement.
Sections 5 and 19 of the FTCA have long been used by the FTC to seek monetary damages through administrative proceedings. Section 13(b) gives the FTC the power to seek injunctive relief in federal court to halt deceptive practices that harm consumers. Since the late 1990s, the FTC has increasingly used Section 13(b) to pursue monetary awards against defendants.
U S Supreme Court Limits the FTC s Authority to Seek Monetary Relief in Deceptive Practices Enforcement Cases | Insights gtlaw.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from gtlaw.com Daily Mail and Mail on Sunday newspapers.
US Executive Branch Update – April 23, 2021 Friday, April 23, 2021
This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases.
POTUS’ Schedule
9:15 a.m. EDT – The President delivers remarks and participates in the virtual Leaders Summit on Climate Session 5:The Economic Opportunities of Climate Action | East Room
11:00 a.m. EDT – The President receives the President’s Daily Brief | Oval Office
1:45 p.m. EDT – The President receives the Weekly Economic Briefing | Oval Office
2:45 p.m. EDT – The President participates in a virtual U.S. Department of Defense Senior Leaders Conference | Situation Room
VPOTUS’ Schedule
U.S. Supreme Court Limits the FTC’s Authority to Seek Monetary Relief in Deceptive Practices Enforcement Cases Friday, April 23, 2021
In a unanimous decision released on April 22, 2021, the U.S. Supreme Court upended decades of lower court precedent by finding that Section 13(b) of the Federal Trade Commission Act (FTC Act) does not authorize the FTC to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. Instead, in
AMG Capital Management, LLC v. FTC,
1 the Court pointed to other sections of the FTC Act, notably the administrative procedures contained in section 5 and the consumer redress available under section 19, as the proper legal avenues for the FTC to seek consumer redress and restitution in most cases. The ruling substantially curbs the FTC’s ability to obtain consumer redress under section 13(b), the FTC’s preferred means of seeking monetary damages due to its administrative efficiency compared to other Commission
$2.3 Million Added To Muscogee Creek Nation Lighthorse Police Budget
The Muscogee Creek Nation Lighthorse Police are getting an extra $2.3 million added to their budget this year.
The police chief said currently they have 63 officers, but he anticipates doubling even tripling that number with the number of cases they’re seeing after the U.S. Supreme Court Ruling on tribal jurisdiction.
Police Chief Richard Phillips said the increase in money will be great to help build his operation at Lighthorse Police, but he said what he really cares about is using this money to help neighboring law enforcement agencies.
Chief Phillips said one of his big plans is to have four different police stations covering the 11 counties within their jurisdiction, with officers stationed at each one.