Statute
FTC Act Section 13(b)
35 published works
Blog of Reason
Fifth Circuit Holds FTC’s Internal Administrative Adjudication of Deceptive Advertising Claims Unconstitutional
By Benjamin H. Diessel, Gabriella E. Bensur, Robert Langer, Mia Gratacos-Atterberry
On March 20, 2026, the U.S. Court of Appeals for the Fifth Circuit held that deceptive advertising actions brought by the Federal Trade Commission (FTC) in an administrative proceeding are…
Consumer Finance Monitor
Carrots and Sticks – FTC Presses Parties Under Investigation to Accept Tolling Agreements
By Thomas Burke, Elliot Johnson
On February 20, 2024, Director Samuel Levine of the Federal Trade Commission’s Bureau of Consumer Protection (Bureau) issued a statement promoting the use and acceptance of tolling agreements. Tolling agreements…
All About Advertising Law
Addressing the Redress: District Court Limits the Scope of FTC Consumer Redress for Rule Violations
In the wake of AMG Capital Management v. FTC and Liu v. SEC, uncertainty has loomed as to how courts should measure the consumer redress available to the FTC under…
Ad Law Access
Senate Commerce Committee Chair Pushes One-Sided 13(b) Fix
By John E. Villafranco, William C. MacLeod, Maggie C. Crosswy
The one-year anniversary of the Supreme Court’s decision in AMG Capital Management, LLC v. FTC has renewed calls for Congressional action to expand and codify the Federal Trade Commission’s enforcement…
Ad Law Access
Acting Chair Rebecca Slaughter and Chamber of Commerce Spar Over a New 13(b)
Recently, the U.S. Chamber of Commerce published a letter to the Committee on Commerce, Science, and Transportation, the Congressional Committee currently working on draft language for a new Section 13(b)…
Privacy World
CPW Recap: The Consumer Protection and Recovery Act (H.R. 2668)
By Angelo Carosio, Squire Patton Boggs
The end of last month, members of Congress and the Federal Trade Commission (“FTC”) pushed for emergency legislation, the Consumer Protection and Recovery Act (H.R. 2668). HR 2668 would amend…
Incontestable Blog
SCOTUS: FTC Has No Authority to Obtain Monetary Relief Under Section 13(b) of the FTC Act
By Publisher
The Supreme Court unanimously held that Section 13(b) of the Federal Trade Commission Act does not give the Commission authority to bypass administrative proceedings and seek equitable monetary relief directly…
RopesDataPhiles
Supreme Court Holds that FTC Cannot Obtain Disgorgement or Restitution Remedies under FTC Act Section 13(b)
By Doug Hallward-Driemeier, Chong Park, Eileen Falk
On Thursday, April 22, the Supreme Court released a unanimous decision holding that the Federal Trade Commission’s authority under Section 13(b) of the FTC Act does not grant the agency…
Regulatory Oversight
FTC Requests Congress to Restore Consumer Redress After AMG Capital Management Decision
By Timothy Butler, Keith J. Barnett, Carlin McCrory, Matthew White, Troy Jenkins
The Federal Trade Commission (FTC) is acting swiftly to restore its authority to obtain consumer redress under Section 13(b) of the FTC Act after the Supreme Court’s recent decision in…
Commercial Litigation Update
The Supreme Court Rules That Disgorgement Is Not an Available Remedy Under the FTC Act – What Comes Next?
By Theodora McCormick, Jack Wenik
We blogged last October (here) about the Third Circuit’s decision in FTC v. AbbieVie Inc., holding that Section 13(b) of the Federal Trade Commission Act, which expressly gives the FTC…