U.S. Supreme Court
Lower Court Opinion
Whether § 13(b) of the Act, by authorizing “injunction[s],” also authorizes the Commission to demand monetary relief such as restitution—and if so, the scope of the limits or requirements for such relief.
U.S. Supreme Court unanimously holds that Federal Trade Commission lacks authority to seek equitable relief such as restitution or disgorgement under Section 13(b) of the Federal Trade Commission Act
April 22, 2021
The Supreme Court unanimously held that the Federal Trade Commission cannot recover monetary relief, such as restitution or disgorgement, under Section 13(b) of the FTC Act. The Court explained that Section 13(b) permits only injunctive relief to prevent future or ongoing harm, not backward-looking monetary relief. To recover monetary relief, the FTC must proceed under a different provision that is much more restrictive and requires, among other things, that the defendant had fair notice that its conduct violated the Act.
The U.S. Chamber filed amicus briefs supporting this outcome at the cert. and merits stages, and also participated when the case was before the Ninth Circuit.
U.S. Chamber files merits-stage coalition amicus brief urging Supreme Court to hold that FTC’s authority to seek injunctive relief does not encompass monetary awards
October 02, 2020
Click here to view the amicus brief filed jointly by the U.S. Chamber, National Retail Federation, and Direct Selling Association. Ilana H. Eisenstein of DLA Piper LLP (US) served as co-counsel for the coalition.
Cert. petition granted
July 09, 2020
U.S. Chamber files coalition amicus brief urging Supreme Court to grant cert. to decide whether the FTC’s authority to seek injunctive relief includes the authority to seek monetary awards
November 22, 2019
The U.S. Chamber previously filed an amicus brief supporting rehearing en banc in the Ninth Circuit.
- Lower Court Opinions, Orders -- FTC v. AMG Capital Management, LLC (Ninth Circuit).pdf
- Cert. Petition -- AMG Capital Management, LLC v. FTC (U.S. Supreme Court).pdf
- U.S. Chamber and NRF Amicus Brief (cert.) -- AMG Capital Management, LLC v. FTC (U.S. Supreme Court).pdf
- U.S. Chamber, et al. Amicus Brief -- AMG Capital Management, LLC v. FTC (U.S. Supreme Court).pdf
- Opinion -- AMG Capital Management, LLC v. FTC (U.S. Supreme Court).pdf