August 4, 2021

Volume XI, Number 216

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August 03, 2021

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August 02, 2021

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MEANWHILE… Congress Circulates Bill to Give FTC Back the Right to Seek Monetary Relief

This has been quite the week.

So just yesterday we discussed the Supreme Court’s big ruling in AMG Capital and how the FTC had been stripped of its self-appointed power to obtain monetary redress from the Courts without the ALJ process mandated by other sections of the FTC Act.

Daniel and I even did a quick video explaining how the ruling impacts FTC work moving forward. 

Well Congress is not even taking a breath here. As noted yesterday a hearing before the pertinent subcommittee will take place before the end of the month and now a new bill is being circulated to hand the FTC back the power it never had.

The draft bill is here: H.R. 2668 (Bill to Give FTC Power Back)

Here is the key language:

(1) RESTITUTION; CONTRACT RESCISSION AND REFORMATION; REFUNDS; RETURN OF PROPERTY.—

In a suit brought under subsection (b)(2)(B), the Commission may seek, and the court may order, with respect to the violation that gives rise to the suit, restitution for losses, rescission or reformation of contracts, refund of money, or return of property.

(2) DISGORGEMENT.—

In a suit brought under subsection (b)(2)(B), the Commission may seek, and the court may order, disgorgement of any unjust enrichment that a person, partnership, or corporation obtained as a result of the violation that gives rise to the suit.

The bill already has 13 sponsors–all Democrats but this feels like a bi-partisan bill in the making.

We’ll keep an eye on this race horse.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 113
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
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