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Federal Trade Commission is likely to represent a monumental shift in pre-enforcement challenges to administrative enforcement proceedings brought by federal agencies, including the FTC. [read post]
28 Mar 2023, 5:44 am by John E. Villafranco
  The Supreme Court handed down its decision in AMG Capital Management, LLC v. [read post]
27 Jan 2023, 2:59 pm by Daniel Gilman
In AMG Capital, the Supreme Court held that the FTC cannot obtain equitable monetary remedies for violations of the FTC Act in the first instance—at least, not under Section 13b of the FTC Act. [read post]
However, states are more likely to use their state law-based tools (such as unfair and deceptive trade practice or privacy-specific laws) in areas such as privacy enforcement. [read post]
22 Nov 2022, 11:44 am by Alden Abbott
The Supreme Court’s unanimous April 2021 decision in AMG Capital Management v. [read post]
14 Nov 2022, 1:22 pm by Jonathan M. Barnett
In a 3-2 July 2021 vote, the Federal Trade Commission (FTC) rescinded the nuanced statement it had issued in 2015 concerning the scope of unfair methods of competition under Section 5 of the FTC Act. [read post]
30 Oct 2022, 1:31 pm by Brian Turetsky
  (A podcast featuring an in-depth discussion of AMG Capital Management and its aftermath with Bikram Bandy, FTC Chief Litigation Counsel, Bureau of Consumer Protection, and Ballard Spahr’s Alan Kaplinsky, is available here.) [read post]
27 Oct 2022, 7:24 am by Phyllis H. Marcus and Nicholas Drews
The Federal Trade Commission published an Advanced Notice of Proposed Rulemaking (ANPR) on October 20 seeking public comment on a potential regulation aimed at curbing deceptive consumer reviews and endorsements. [read post]
22 Sep 2022, 10:06 am by Leonard L. Gordon and Joshua Nace
Last week, the Federal Trade Commission turned its attention to the mortgage relief industry once again. [read post]
7 Sep 2022, 7:18 am by Alden Abbott
This conclusion is buttressed by the tenor of the Supreme Court’s unanimous 2021 opinion in AMG Capital v. [read post]
26 Aug 2022, 8:03 am by Jessica Rich
FTC   On the heels of its loss in AMG, the FTC is facing another challenge at the Supreme Court, this time in a case involving its administrative process. [read post]