News & Analysis as of

Civil Monetary Penalty Federal Trade Commission (FTC) Restitution

BakerHostetler

Money, Money, Money - Recent Decision Shows a Court Wrestling with the Proper Amount of Civil Penalties to Award the FTC

BakerHostetler on

Much ink has been spilled over the impact of the Supreme Court’s AMG decision on the Federal Trade Commission (FTC). That decision held that Section 13(b) of the FTC Act did not authorize a federal court to award equitable...more

BakerHostetler

Roomster Gets a One-Star Review from the FTC and Six States

BakerHostetler on

​​​​​​​2022 continues to be the Year of the Review for consumer protection law enforcers. We have seen several cases already this year, and the latest suit has the added bonus of the Federal Trade Commission (FTC) teaming up...more

Sheppard Mullin Richter & Hampton LLP

FTC Captures $2.7 Million in Restitution from Small Business Financer

On June 2, the FTC was granted a federal court order permanently barring a merchant cash advance operation and its owner from engaging in further deceptive practices and granting restitution to the customers the company...more

Sheppard Mullin Richter & Hampton LLP

Court Agrees with FTC: Can Seek Relief under Section 19

The U.S. District Court for the Northern District of Illinois recently used Section 19 of the FTC Act to impose a $5 million restitution award after the original restitution award under Section 13(b) was vacated by the...more

Cozen O'Connor

Frontier Sued Over Allegations That Its DSL Service Is Slower Than Advertised

Cozen O'Connor on

The Federal Trade Commission (“FTC”), and a bipartisan group of six state AGs, sued Internet service provider Frontier Communications Corporation (“Frontier”) over allegations that it charged consumers for higher-speed...more

Jones Day

Seventh Circuit Curtails FTC's Authority to Seek Restitution

Jones Day on

The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute,...more

Ballard Spahr LLP

FTC’s Section 13(b) Powers Undermined by Two Circuit Courts

Ballard Spahr LLP on

Two recent Circuit Court opinions have significantly undermined the FTC’s powers under Section 13(b) of the Federal Trade Commission Act (FTCA).  These pivotal decisions may ultimately require the U.S. Supreme Court to...more

Hudson Cook, LLP

FTC Shuts Down Websites that Sold Fake Documents

Hudson Cook, LLP on

Heard any good lawyer jokes lately? Having been in practice for almost 25 years, I've heard quite a few from friends and clients. How about, "What's the difference between a vulture and a lawyer? . .. The vulture doesn't get...more

Hudson Cook, LLP

Compliance: Setting up a Preventative Maintenance Compliance Budget

Hudson Cook, LLP on

Prioritizing compliance with federal and state law may be the last item on your never ending to-do list. Most days, you have bigger fish to fry - you want to increase sales and decrease overhead. However, a small investment...more

Hudson Cook, LLP

Current Developments in Bank Deposits and Payment Systems (Spring 2019)

Hudson Cook, LLP on

This survey summarizes several recent developments affecting bank deposits and payment systems. The U.S. department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued new guidance concerning the customer...more

Manatt, Phelps & Phillips, LLP

CFPB Brings Another Auto Lender Action, This Time for $48M

Why it matters - Continuing its focus on the auto lending industry, the Consumer Financial Protection Bureau (CFPB) ordered Westlake Services LLC and subsidiary Wilshire Consumer Credit LLC to pay roughly $48 million for...more

Carlton Fields

The FTC, Privacy, and the Life & Health Business

Carlton Fields on

The Federal Trade Commission Act (“FTC Act”) prohibits unfair or deceptive acts or practices affecting commerce, as well as unfair competition in commerce. The FTC Act also created the Federal Trade Commission (“FTC”), and...more

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