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FTC Faces Narrow Supreme Court Path to Preserve Penalty Powers, Bloomberg Law

January 13, 2021

Partner Scott Stempel was quoted in an article by Bloomberg Law about a US Supreme Court case on whether the Federal Trade Commission (FTC) can pursue restitution when seeking an injunction to stop fraud. According to the article, while the power is not specifically included in the key portion of the 1914 Federal Trade Commission Act, the courts have previously allowed the FTC to seek restitution; however, the issue is now under review. “If the FTC loses its power to seek restitution, Congress may have to step in to amend the agency’s governing statute,” said Scott. “It’s an excellent reason that the FTC will give to Congress to amend the statute. Speaking personally, I think that’s a pretty persuasive policy argument.”

Read the full article on Bloomberg Law >>