News & Analysis as of August 12, 2025

Federal Trade Commission (FTC)

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Another Step Toward Overruling Humphrey’s Executor and Granting Plenary Presidential Removal Authority

Stevens & Lee on 7/28/2025

Recently, the Supreme Court in a case involving President Trump’s without cause firing of the Democratic Commissioners on the Consumer Products Safety Commission stayed an order that had been issued by the U.S. District Court...more

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

Venable LLP on 7/11/2024

These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

The Chevron Decision Will Create Some Challenges for FTC Law Enforcement and Rulemaking

BakerHostetler on 7/10/2024

It was certainly a memorable final week for the Supreme Court this term. There has been quite a lot to digest, and the impact and implications are broad and significant. But for now, let’s look through a narrow lens and focus...more

Supreme Court Decision in Axon Enterprise, Inc. v. FTC Has Wide Reaching Implications for Administrative Enforcement Proceedings

Patterson Belknap Webb & Tyler LLP on 5/10/2023

On April 14, 2023, the Supreme Court issued a consolidated opinion in Axon Enterprise, Inc. v. FTC and SEC v. Cochran.[1] We previously covered the oral argument in these cases here. These cases address whether respondents...more

Supreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal District Court

Epstein Becker & Green on 5/4/2023

The Federal Trade Commission (FTC) has the distinct advantage of being able to bring enforcement actions before its own administrative tribunals....more

SCOTUS Decision Sets Up Constitutional Challenges to FTC Administrative Proceedings

Akin Gump Strauss Hauer & Feld LLP on 4/26/2023

Key Points - In a unanimous decision, the Supreme Court held in Axon v. FTC that the FTC Act (and the SEC Act) do not prohibit a federal court from hearing challenges to the constitutionality of either Commission’s...more

SCOTUS Unanimously Holds That Respondents in FTC and SEC Administrative Law Proceedings May Challenge the Constitutionality of...

Herbert Smith Freehills Kramer on 4/20/2023

On April 14, 2023, the Supreme Court issued a unanimous decision in two related cases, Axon Enterprise, Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), holding that respondents may challenge the constitutionality of...more

U.S. Supreme Court clears the way for constitutional challenges to FTC, SEC

Hogan Lovells on 4/20/2023

On April 14, 2023 the United States Supreme Court ruled in a unanimous opinion in Axon v. Federal Trade Commission that certain constitutional challenges to Federal Trade Commission (FTC) and Securities and Exchange...more

Senate Commerce Committee Chair Pushes One-Sided 13(b) Fix

Kelley Drye & Warren LLP on 5/5/2022

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 authority under Section...more

The Shifting Post-AMG Landscape - Changes to the FTC Approach to Law Enforcement

BakerHostetler on 2/15/2022

Ten months ago, the U.S. Supreme Court issued its unanimous decision in the AMG case, and with this decision, it put an end to the Federal Trade Commission’s (FTC) decades long reliance on Section 13(b) of the FTC Act as the...more

Federal Trade Commission Goes to the Supreme Court Again, This Time in a Constitutional Challenge

Venable LLP on 1/27/2022

If you had asked us last week, we would have predicted that the Supreme Court’s momentous AMG Capital Management, LLC v. FTC decision last year, in which the Court struck down the Federal Trade Commission’s nearly 50-year...more

FTC Consumer Protection Remedies After the U.S. Supreme Court's AMG Decision

Wilson Sonsini Goodrich & Rosati on 1/20/2022

The U.S. Supreme Court's April 2021 decision in the AMG matter significantly limited the Federal Trade Commission's (FTC's) ability to seek monetary redress for consumers under the FTC Act, relief the FTC had successfully...more

Without Equitable Monetary Relief, No Need for Asset Freeze or Receivership to Preserve Resources, and More Takeaways from the...

Proskauer - Minding Your Business on 12/2/2021

The Eleventh Circuit’s opinion last month in FTC v. On Point Capital Partners LLC, et al.,clarifies the ramifications of the Supreme Court’s ruling in AMG Capital Management regarding the prohibition of equitable monetary...more

JONES DAY TALKS®: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision

Jones Day on 9/23/2021

In AMG Capital Management v. FTC, the U.S. Supreme Court ruled the Federal Trade Commission Act does not allow the FTC to seek, from violators of the Act, "equitable monetary relief" in the form of restitution or...more

FTC Takes Novel Approach to Seek Civil Money Penalties in the Wake of AMG Capital Ruling

Sheppard Mullin Richter & Hampton LLP on 6/18/2021

On June 10, the Federal Trade Commission (FTC) filed an amended complaint for civil money penalties and other relief under Section 5 of the FTC Act prohibiting “unfair or deceptive acts or practices” and Section 521 of the...more

Supreme Court Decision Impacts How FTC May Pursue Privacy Cases

Sheppard Mullin Richter & Hampton LLP on 6/8/2021

The Supreme Court recently dealt a potential blow to the FTC’s enforcement tool chest. In particular, the decision impacts its ability to seek monetary relief under a theory it has used in a wide variety of cases, included...more

AMG Capital Decision May Mean More FTC Collaboration With State AGs, Increased Costs, Longer Timelines

Cozen O'Connor on 6/3/2021

The Federal Trade Commission (FTC) has, for decades, considered itself a partner of state AGs in combatting anticompetitive, unfair, and deceptive trade practices, and state AGs certainly feel the same way. In December 2020,...more

Supreme Court Limits FTC's Power to Seek Damages

Moore & Van Allen PLLC on 5/27/2021

In AMG Capital Management v. FTC, a unanimous Supreme Court recently struck the Federal Trade Commission’s (the FTC) power to obtain monetary relief under § 13(b) of the FTC Act (the Act). Under § 13(b), the FTC can seek the...more

[Podcast] The Future of Consumer Redress After Supremes Rule in AMG Capital Management v FTC

BakerHostetler on 5/24/2021

In a highly anticipated recent Supreme Court decision in the case of AMG Capital Management v. FTC, the court ruled in favor of putting the brakes on consumer redress and the commission’s ability to protect consumers from...more

New at the FTC: Agency Forges Ahead Even As Supreme Court Curbs Authority

Wiley Rein LLP on 5/19/2021

The Federal Trade Commission (FTC) has been in the headlines this month, following a significant U.S. Supreme Court decision that curbs its authority to seek monetary relief in federal court cases. However, this setback is...more

AMG Capital Management v. FTC - What Happened and What’s Next?

BCLP on 5/11/2021

In a unanimous ruling, the Supreme Court recently eliminated the ability of the Federal Trade Commission (“FTC”) to seek monetary relief in district court under § 13(b) of the Federal Trade Commission Act (“FTC Act”) - a...more

Fed Proposes Guidelines for Access to Master Accounts and Payment Services

Goodwin on 5/7/2021

In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve), in response to an increased number of inquiries and access requests from companies with fintech and other narrow purpose charters, invited...more

FTC Loses Disgorgement Remedy Under 13(b) of the FTC Act

Epstein Becker & Green on 5/7/2021

On April 22, 2021, the Supreme Court of the United States issued an opinion finding that the Federal Trade Commission (“FTC”) does not have the authority to order disgorgement (i.e., monetary relief) under Section 13(b) of...more

U.S. Supreme Court Significantly Restricts FTC Civil Enforcement Powers in AMG Capital Decision

Goodwin on 5/6/2021

The U.S. Supreme Court dealt a blow to the U.S. Federal Trade Commission (“FTC”) in a recent decision that eliminated the agency’s ability to seek monetary remedies in enforcement actions in federal court. This new ruling has...more

Supreme Court Curbs Consumer Relief: Enforcement Implications Of AMG Capital v. FTC

Husch Blackwell LLP on 5/3/2021

The U.S. Supreme Court’s unanimous decision on April 22, 2021, in AMG Capital Management LLC v. Federal Trade Commission curtails the authority of the Federal Trade Commission (FTC) to seek equitable monetary relief in...more

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Supreme Court of the United States › Enforcement Authority › Federal Trade Commission (FTC)

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