United States:
This Week's Podcast: How The FTC Is Responding To SCOTUS's April 2021 AMG Capital Management Decision: A Conversation With Special Guest Bikram Bandy, FTC Chief Litigation Counsel, Bureau Of Consumer Protection
28 June 2021
Ballard Spahr LLP
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In AMG, SCOTUS ruled that Sec. 13(b) of the FTC
Act does not give the FTC authority to seek equitable monetary
relief (e.g. restitution or disgorgement). After
reviewing AMG's history and SCOTUS's
analysis, we discuss the reasons for the FTC's infrequent use
of administrative
hearings, AMG's implications for pending and
settled cases, the FTC's current authority to seek civil money
penalties, efforts to amend the FTC Act, and the FTC's approach
to new cases, including potential partnering with state AGs, the
CFPB, and plaintiff's attorneys.
Ballard Spahr Senior Counsel Alan Kaplinsky hosts the
conversation.
Click here to listen to the podcast.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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