Section 13 b of the ftc act

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August undefined, 2024

Web22 Apr 2024 · As Justice Breyer explained, “The language and structure of §13(b), taken as a whole, indicate that the words ‘permanent injunction’ have a limited purpose—a purpose … WebSection 13(b) of the FTC Act has been the agency’s primary and most effective way of returning money to consumers that was unlawfully taken from them. The relevant portion …

Supreme Court Finds Section 13(b) Does Not Allow for Monetary …

Web18 Jan 2024 · As Justice Breyer explained, writing for a unanimous court, Section 13(b) of the FTC Act “authorizes the Commission to obtain, ‘in proper cases,’ a ‘permanent injunction’ in federal court against ‘any person, partnership, or corporation’ that it believes ‘is violating or is about to violate, any provision of law’ that the ... Web27 Apr 2024 · The Court compared Section 13(b) with Sections 5(l) and 19 of the FTC Act, which allowed the FTC to request from district courts monetary relief in cases where the FTC had already issued cease and ... namibia attractions

Federal Trade Commission v. Credit Bureau Center, LLC

WebToday Section 13(b) is a mainstay of the Commission’s consumer protection program. As of June 30, 2004, the Commission had 86 cases pending in federal district courts in which … WebThe FTC filed suit against Brown under Section 13(b) of the Federal Trade Commission Act with the U.S. District Court for the Northern District of Illinois, alleging that the websites violated several consumer-protection statutes. The FTC sought a … Web1 Jul 2024 · Decades later, Congress enacted Section 13 (b) of the FTC Act, which permitted the FTC to bring an enforcement action in federal court and seek temporary and … namibia beef industry

UNITED STATES OF AMERICA Federal Trade Commission

Taking Another Look at Courts Interpreting Section 19 of the FTC Act …

Web22 Apr 2024 · The court noted that 13(b) doesn't explicitly authorize the agency to obtain such a remedy, but instead allows the FTC to seek "a permanent injunction" pending … WebSec. 5 FEDERAL TRADE COMMISSION ACT 4 5 Margin so in law. In addition, paragraph (4) was added by section 3 of Public Law 109–455 (120 Stat. 3372). For the effective date of a sunset provision, see section 13 of such Public Law (120 Stat. 3382) set out in a footnote at the end of section 4 of this Act. mega millions in nj winning numbersWeb8 Oct 2024 · The significance of this opinion centers on the Third Circuit’s holding that Section 13(b) of the FTC Act does not empower district courts to order disgorgement. In doing so, the court cited the Supreme Court’s decision in Liu v. SEC, 4 noting that “Section 13(b) authorizes a court to ‘enjoin’ antitrust violations[,] ... namibia beef export

"Web18 May 2024 · Section 13 (b) was enacted in the 1970s to provide the FTC with a means to obtain injunctive relief for violations of the FTCA, but the provision is silent on the … " - Section 13 b of the ftc act

Section 13 b of the ftc act

FTC Can No Longer Seek Monetary Penalties for Violations of …

Web13 Apr 2024 · FTC, 141 S.Ct. 1341 (2024), which eliminated the FTC’s use of Section 13(b) of the FTC Act to seek equitable monetary relief for consumers. The Commission’s majority (link to Slaughter’s statement) believes that the Notice of civil penalties is a … Web23 Apr 2024 · Section 13(b) of the FTC Act authorizes the FTC to obtain a "permanent injunction" in federal court against "any person, partnership, or corporation" that it believes "is violating, or is about to violate, any provision of law" that the FTC enforces. This ruling resolves a circuit split and adopts the approach of the Third and Seventh circuits ...

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WebThe Supreme Court ruled unanimously in AMG Capital Management v.FTC that Federal Trade Commission Act ("FTCA") Section 13(b) does not authorize the FTC to obtain monetary remedies such as restitution or disgorgement.The Court’s decision is a significant setback for the FTC, particularly in consumer protection matters, where Section 13(b) … WebSection 13(b) of the FTC Act, 15 U.S.C. Sec. 53(b), authorizes the Commission to seek preliminary and permanent injunctions to remedy “any provision of law enforced by the …

Web20 Jan 2024 · Equally important, the FTC alleged only violations of Section 5 of the FTC Act and filed the suit in federal court under Section 13(b) of the Act (as opposed to one of the more specific statutes the FTC enforces), which authorizes federal courts to issue only a “permanent injunction.” 8 But, consistent with decades of practice, the FTC also ... Web2 Oct 2024 · “Section 13 (b) was added in 1973 because the FTC’s administrative regime moved slowly. But it is slow-moving for a reason: it affords defendants valuable procedural protections. For example, Section 5 conditions relief to defendants on an administrative proceeding and a cease-and-desist order. It also limits the monetary relief the FTC can …

Web22 Apr 2024 · In an opinion by Justice Stephen Breyer, the court held that Section 13(b) of the Federal Trade Commission Act does not authorize the FTC to seek (and does not allow courts to award) “equitable monetary relief such as restitution or disgorgement.” That’s because the statutory language at issue authorizes only injunctions, not monetary relief. Web5 May 2024 · A unanimous U.S. Supreme Court delivered a blow to the Federal Trade Commission, curtailing the FTC’s ability to seek monetary relief, such as restitution, for unfair or deceptive acts under Section 13(b) of the FTC Act.. With the AMG Capital Management LLC v.Federal Trade Commission decision, the agency lost one of the most …

Web27 Apr 2024 · Section 13 (b) may be used by the Commission to obtain injunctive relief while the administrative proceedings are ongoing, or when it seeks only injunctive relief. The Court also rejected the FTC’s position that the right to recover monetary relief under Section 13 (b) is essential to its enforcement agenda.

Web10 Feb 2024 · According to the Eleventh Circuit Court of Appeals, Section 19 of the FTC Act broadly permits a district court to fashion any relief “necessary to redress injury to consumers,” including forms of relief the Supreme Court has ruled are unavailable under Section 13(b) (e.g., relief that relates to monetary damages, such as the freezing of assets). namibia border covid requirementsWeb1 Mar 2024 · Section 5 of the FTC Act authorizes the agency to seek civil penalties of up to $42,530 (adjusted annually for inflation) per violation of its orders. By contrast, Section 13(b) allows the FTC to proceed directly to federal district court to obtain an injunction, temporary restraining order or other forms of equitable relief, which can include ... namibia beverages bottling companyWeb5 Jul 2024 · Section 19 of the FTC Act contained language that came closest to mirroring aspects of what made 13(b) an effective tool for decades, but with some caveats. Section 19 has two key uses. First, after a full FTC administrative litigation that ends with a cease and desist order, the FTC can use Section 19 to go to federal court and seek monetary … mega millions instant scratcherWebThe Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to (a) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting … What can you do? What are your rights? The Fair Debt Collection Practices Act … The FTC takes action to stop and prevent unfair business practices that are likely … mega millions in maryland winning numbersWeb15 Aug 2024 · Section 19 of the FTC Act The AMG decision addressed only suits under Section 13(b) and left untouched the FTC's other key tool to obtain money relief in enforcement actions: Section 19 of the FTC ... mega millions international lottery 2021Web11 May 2024 · Background on Section 13 (b) In 1973, the United States Congress added Section 13 (b) to the FTC Act, which gives the FTC authority to: File suit in federal court when it believes or has reason to believe that a violation of the FTC Act is occurring, and The right to seek injunctive relief. mega millions in north carolinaWeb13 Apr 2024 · FTC Regulation Tracker. In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13 (b) of the FTC Act to go to court for monetary relief. With a clear regulation ... namibia beach holidays