Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

The Section 13(b) Fix: Stand-Still on the Hill?

Following House passage of 13(b) legislation this summer, Congressional Democrats seem to have lost some of the urgency with which they were moving to strengthen the FTC’s penalty authorities in the wake of the…

Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority

Yesterday, less than a week after the Supreme Court’s unanimous decision in AMG Capital Management v. FTC, two Congressional committees zeroed in on the FTC’s hollowed-out Section 13(b) authority, the fate of which…

Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies

This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC . Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral arguments, the Supreme…

With a Supreme Court Decision Pending, Will Congress Intervene to Clarify the FTC’s Enforcement Authorities Under 13(b)?

Updated to reflect introduction of H.R. 2668, the Consumer Protection and Recovery Act by Rep. Cárdenas (D-CA) As we inch closer to a Supreme Court decision in AMG Capital Management, LLC v. Federal Trade…

House Democrats Primed to Introduce 13(b) Legislative Fix

On Thursday afternoon, the future of the Federal Trade Commission’s enforcement authority took center stage during a House Energy and Commerce Committee hearing entitled, “Safeguarding American Consumers: Fighting…