Page 25 - கூட்டாட்சியின் வர்த்தகம் தரகு நாடகம் News Today : Breaking News, Live Updates & Top Stories | Vimarsana
U S Supreme Court Rejects Federal Trade Commission s Restitution Authority | McGuireWoods LLP
jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
SCOTUS rules FTC Act Section 13(b) does not authorize FTC to seek restitution or disgorgement | Ballard Spahr LLP
jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Share:
The U.S. Supreme Court issued a unanimous ruling that significantly limits the ability of the Federal Trade Commission (FTC) to enable monetary relief for consumers from companies that are charged with using deceptive practices.
What Happened: The ruling involved the case of AMG Capital Management v. FTC, in which the federal agency secured the largest court-ordered settlement in its history with a $1.27-billion verdict against a payday lender accused of ripping off lower-income borrowers.
The FTC argued that Section 13(b) of the Federal Trade Commission Act has historically been used to cover “restorative monetary relief” actions by the agency. But in an opinion authored by Justice Stephen Breyer, the court determined Section 13(b) did not give the FTC the authority to extract “equitable monetary relief such as restitution or disgorgement,” nor did it give courts the power to award such monetary verdicts.
US Supreme Court: FTC Cannot Seek Equitable Monetary Relief in Section 13(b) Cases | Morgan Lewis
jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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