FTC Stripped of Authority to Pursue Equitable Monetary Relief in Federal Court – What Now?

On April 22, 2021, the Supreme Court issued a unanimous decision finding that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade Commission Act (the “FTCA”). The result means that defendant Scott Tucker does not have to pay $1.27 billion in restitution and disgorgement, notwithstanding that his payday loan business was found to constitute an unfair and deceptive practice.  The result also means that onlookers everywhere are...
By: Rothwell, Figg, Ernst & Manbeck, P.C.

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