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 now lies squarely with Congress. Leading Democrats in both chambers have expressed the urgent need for legislation to clarify and strengthen
Ninth Circuit Moves Quickly to Apply AMG
The 13(b) dominoes are beginning to fall. Last week, a unanimous AMG Court found that Section 13(b) does not allow for monetary remedies. A panel of the Ninth Circuit, in Federal Trade Commission v. Cardiff et al, quickly took that decision to heart.
In a brief, three-paragraph order, the per curiam panel vacated
Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?
Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as it considers whether to amend Section 13(b) of the FTC Act. As we explained yesterday, in AMG, the Supreme Court definitively (9-0) held that
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 Court found that Section 13(b) of the FTC Act does not allow for monetary remedies.
The Court’s conclusion, stated at the
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 Commission, proponents of a 13(b) legislative fix are moving with a greater sense of urgency. In a Senate Commerce Committee
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 Fraud and Scams During the Pandemic.” While the Consumer Protection and Commerce Subcommittee hearing was ostensibly focused on pandemic-related fraud, calls to clarify the agency’s ability to
Section 13(b) Gets its Day in Court: “It seems the problem you have is the text” – Justice Kavanaugh
This morning, the Supreme Court heard its long-anticipated arguments in AMG Capital Management, LLC v. Federal Trade Commission. As we have previously explained, in AMG, the FTC’s use of Section 13(b) of the FTC Act to obtain monetary remedies is under the High Court’s microscope. While the outcome won’t be known for
Amici Line Up Behind the FTC: Warn of Doom if the Supreme Court Rules Against the Commission in AMG Capital Management
As the parties prepare for oral argument before the Supreme Court on January 13 in AMG Capital Management LLC et al. v. FTC, case number 19-508, amicus briefs in support of the Commission’s position have been filed this week, with most warning of dire consequences for consumers and competition if the case does not
The FTC Reargues its 13(b) Case, While Congress Appears Set to Enhance the SEC’s Ability to Seek Disgorgement, Suggesting A Legislative Push on 13(b) Next Session
Earlier this week, the Federal Trade Commission re-stated its position to the Supreme Court, arguing that there is no “clear legislative command” to restrict the traditional powers of equity. In other words, courts of equity could do just about anything, and since an injunction is equitable relief, an injunction can equal monetary restitution as well.
Supreme Court Vacates its Prior Grant of the FTC’s Petition for Certiorari in FTC v. Credit Bureau Center, LLC: What Does it Mean for Section 13(b) and AMG Capital Management, LLC v. FTC?
This morning, in a brief line order, the Supreme Court vacated its prior grant of the Federal Trade Commission’s petition for certiorari in Federal Trade Commission v. Credit Bureau Center, LLC (“Credit Bureau”). Justice Barrett did not take part in the decision to vacate the grant of certiorari. None of the remaining Justices