Month: October 2020

Oct 18 2020

FTC Update: SCOTUS to Decide Agency’s Monetary Restitution Enforcement Authority

The Supreme Court has started its new term.  FTC defense practitioners are watching closely as the Court is considering issues that may dramatically impact FTC CID investigations and enforcement actions, particularly whether Section 13(b) of the FTC Act impliedly authorizes courts to award the FTC equitable monetary relief. The Supreme Court Has Already Limited Disgorgement…

Oct 11 2020

Is Your Conduct a Violation of the Consumer Review Fairness Act?

The Consumer Review Fairness Act passed both houses of Congress unanimously in December 2016.  It has been effective since March 2017. The CFRA generally makes provisions of form contracts between sellers and individual consumers void from inception if the provisions: (i) prohibit or restrict individuals from reviewing sellers’ goods, services, or conduct; (ii) impose penalties…

Oct 2 2020

Third Circuit Says No Monetary Disgorgement in Federal Court for FTC under Section 13(b)

As previously blogged about here, here, here and here, the FTC’s authority to seek monetary disgorgement in federal court may be on the ropes. FTC Defense Practice: Breaking News The Third Circuit has just issued an opinion in FTC v. AbbVie, Inc. holding that the FTC is not entitled to seek disgorgement under Section 13(b) of the FTC…