This morning, the Supreme Court released its calendar for its January 2021 oral arguments. AMG Capital Management, LLC v. FTC is on the docket. Oral argument in AMG has been scheduled for January 13, 2020.
As we’ve noted in prior posts, the High Court in AMG will review the question of whether or not Section 13(b) of the FTC Act authorizes the FTC to seek monetary relief from the individuals and entities it pursues under that statutory provision. Signs to date point to a strong likelihood that the Court will disallow such monetary remedies, finding that such remedies run contrary to the statutory text. Based on questioning at January’s oral argument, we may have a better sense of which way the Court is leaning.