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U.S. Supreme Court,
Administrative/Regulatory

Apr. 23, 2021

FTC can’t compel surrender of ill-gotten gains in court

The FTC’s authority under a 1973 law that empowered the consumer protection agency to seek injunctions to stop fraudulent activity doesn’t authorize it to seek monetary judgments, wrote Justice Stephen Breyer in the unanimous opinion.

The Federal Trade Commission can't force companies and individuals that engage in deceptive practices to surrender ill-gotten profits in court, the Supreme Court ruled Thursday.

The FTC's authority under a 1973 law that empowered the consumer protection agency to seek injunctions to stop fraudulent activity doesn't authorize it to seek monetary judgments, wrote Justice Stephen Breyer in the unanimous opinion.

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