United States:
House Passes Bill Authorizing FTC To Seek Monetary Damages In Federal Court
28 July 2021
Cozen O'Connor
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- The U.S. House of Representatives passed the Consumer
Protection and Recovery Act,
H.R. 2668, giving the Federal Trade Commission
(“FTC”) an explicit authorization to seek monetary
redress for consumers for harm caused by scams and antitrust
violations.
- H.R. 2668, which was supported by a
bipartisan group of 28 AGs, allows the FTC to seek disgorgement
in federal court and provides guidelines for calculating penalties.
The bill was introduced following a unanimous Supreme Court
decision in
AMG Capital Management v. FTC, holding that existing laws
do not allow the FTC to seek disgorgement in federal court.
- Cozen O'Connor State AG Group member Meghan Stoppel
recently
analyzed the practical impact of the AMG
Capital decision and predicted that this decision will
further strengthen collaboration between the FTC and state
AGs.
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