To embed, copy and paste the code into your website or blog: On April 22, 2021, the Supreme Court resolved a circuit split as to the Federal Trade Commission’s authority to seek restitution in a federal court action under the Federal Trade Commission Act (“Act”) without first obtaining a final cease and desist order in an administrative proceeding under the Act. In a unanimous opinion authored by Justice Breyer, the Court held in AMG Capital Mgmnt., LLC v. FTC, No. 19-508, that § 13(b) does not authorize the FTC to seek equitable monetary awards in addition to injunctive relief in stand-alone federal court litigation. Such restitution is only available to the FTC in federal court after an administrative law judge has found in favor of the agency in an administrative proceeding.