How the FTC is responding to SCOTUS’s April 2021 AMG Capital Management decision: a conversation with special guest Bikram Bandy, FTC Chief Litigation Counsel, Bureau of Consumer Protection

In AMG, SCOTUS ruled that Sec. 13(b) of the FTC Act does not give the FTC authority to seek equitable monetary relief (e.g. restitution or disgorgement). After reviewing AMG’s history and SCOTUS’s analysis, we discuss the reasons for the FTC’s infrequent use of administrative hearings, AMG’s implications for pending and settled cases, the FTC’s current authority to seek civil money penalties, efforts to amend the FTC Act, and the FTC’s approach to new cases, including potential partnering with state AGs, the CFPB, and plaintiff’s attorneys.

Ballard Spahr Senior Counsel Alan Kaplinsky hosts the conversation.

Please note that this podcast was recorded on June 11th, 2021 before a fifth FTC Commissioner was sworn in.

View the recording transcript here.

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This podcast is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.

How the FTC is Responding to SCOTUS’s April 2021 AMG Capital Management Decision: A Conversation With Special Guest Bikram Bandy, FTC Chief Litigation Counsel, Bureau of Consumer Protection

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