Supreme Court Grapples with FTC’s Authority to Pursue Restitution Under Section 13(b)

Consumer Protection attorneys Anthony DiResta, Brian Goodrich and Benjamin Genn authored an article in The Banking Law Journal about whether Section 13(b) of the Federal Trade Commission Act implicitly authorizes the Federal Trade Commission (FTC) to seek restitution. They discuss the oral arguments heard recently by the U.S. Supreme Court in AMG Capital Management, LLC v. Federal Trade Commission in which the Court grappled with the FTC’s authority to obtain equitable monetary relief pursuant to the authority conferred by Section 13(b) of the FTC Act. The specific issue that the Court sought to resolve is whether Section 13(b), by authorizing only “injunctions,” also implicitly authorizes the FTC to seek restitution.

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