Amicus Briefs
AMG Capital Management v. FTC; FTC v. Credit Bureau Center
CASE SUMMARY
For more than 30 years, the Federal Trade Commission claimed imaginary powers to obtain millions, if not billions, of dollars in damages under Section 13(b) of the FTC Act, which only authorizes injunctions against present or future illegal behavior.
In October 2020, NCLA filed an amicus brief in the U.S. Supreme Court admonishing the FTC for its unlawful practice in applying the agency’s statutory provisions. FTC had transformed its limited statutory right to enjoin into an absolute right to secure any “equitable remedy.” NCLA argued that the FTC had chosen this course to avoid the due process protections for monetary remedies provided by Congress in the FTC Act. It did this by a stealthy litigation strategy singling out weak targets and then using consent orders and judgments obtained to move the law in an unauthorized direction.
In a win for NCLA, on April 22, 2021, Justice Stephen Breyer handed down a unanimous decision declaring that section 13(b) of the Federal Trade Commission Act did not authorize the Federal Trade Commission (FTC) “to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.”
OUR TEAM
RELEVANT MATERIALS
NCLA FILINGS
PRESS RELEASES
IN THE MEDIA
The Hamburger Court
The New York Sun
February 8, 2023
AMG Capital Management v. FTC: The Courts Ruling on Monetary Relief
Committee for Justice
February 8, 2023
Supreme Court Slams Brakes on FTC’s Fraud-Recovery Options
Courthouse News Service
February 8, 2023
Supreme Court Rolls Back FTC Restitution Power
Law360
February 8, 2023
Biz Groups Weigh In On High Court Case Over FTC Restitution
Law360
February 8, 2023