Supreme Court: FTC May Well Not Seek Restitution Straight in Federal Court

Supreme Court: FTC May Well Not Seek Restitution Straight in Federal Court

Overview

We know from The First 100 Days,» on April 22, 2021 the US Supreme Court put an end to the Federal Trade Commission’s (FTC) longstanding practice under В§ 13(b) of the FTC Act of seeking disgorgement or restitution orders in cases brought by the agency in federal courts as we predicted in Steptoe’s client webinar last week on «Antitrust Enforcement in the Biden Administration – What.

Composing for a Court that is unanimous Breyer’s viewpoint in AMG Capital Management, LLC, et al. v. Federal Trade Commission reversed your decision associated with United States Court of Appeals for the Ninth Circuit and determined that the $1.27 billion restitution purchase against cash advance tycoon Scott Tucker ended up being beyond the abilities associated with the FTC.

The FTC had sued Tucker under В§ 13(b) regarding the FTC Act to acquire restitution of earnings Tucker had gained as a consequence of their fraudulent and misleading techniques in expanding after which gathering on low-dollar «payday» loans. (más…)

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