How The FTC Is Imposing Monetary Remedies Post-AMG

By Andrew Stivers (July 22, 2022, 5:35 PM EDT) — It has been over a year since the U.S. Supreme Court, in AMG Capital Management LLC v. Federal Trade Commission, ruled against the FTC’s long-standing use of Section 13(b) of the Federal Trade Commission Act as authority to collect equitable monetary remedies.[1]

Even before the decision came down, commissioners had advocated[2] for broad authority to impose such remedies, or more punitive civil penalties, in its cases. They argued that a loss of that authority prevents the commission from deterring wrongdoing by confiscating — at least — ill-gotten gains or from redressing consumer injury by taking money to return to consumers.

If that was the case, we might…

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