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.
Please note that this podcast was recorded on June 11th, 2021 before a fifth FTC Commissioner was sworn in.
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