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Restitution v. Disgorgement: A Distinction Without a Difference?

In July 2021, the U.S. Court of Appeals for the 7th Circuit held in CFPB v. Consumer First Legal Group, LLC et al. that an award of $59 million in restitution and penalties for alleged unlawful mortgage relief services must be reconsidered, in pertinent part, because the U.S. Supreme Court

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Twenty-Eight Attorneys General Ask Congress to Restore FTC’s Ability to Obtain Monetary Relief

On or about June 28, 2021, twenty-eight attorneys general executed and sent a letter to Congressional leaders, including House Speaker Nancy Pelosi, in support of the passage of the Consumer Protection and Recovery Act.  The Act aims to restore the ability of FTC lawyers to pursue equitable monetary relief by proceeding directly

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FTC Civil Investigative Demands and the Opioid Addiction Recovery Fraud Prevention Act

With increasing regularity and in the wake of the recent Supreme Court holding that the Federal Trade Commission lacks authority to pursue monetary relief in federal court pursuant to Section 13(B) of the FTC Act, the regulatory agency has recently been initiating investigations via civil investigative demands (CIDs) into alleged

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Supreme Court Says FTC Lacks Authority to Pursue Monetary Relief in Federal Court Pursuant to Section 13(b) of the FTC Act.

In a unanimous decision, the U.S. Supreme Court recently held in AMG Capital v. FTC that the Federal Trade Commission does not possess authority to pursue “equitable monetary relief” such as restitution or disgorgement in federal court under Section 13(b) of the FTC Act.  The Court also stated that the

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Defendants in Alleged Credit Card Laundering Operation Permanently Banned from Payment Processing by FTC

The Federal Trade Commission recently announced that it has reached settlements with four defendants charged with helping to launder millions of dollars in credit card charges through fraudulent merchant accounts.  The settlement orders permanently ban an individual settling defendant, and two corporate defendants from payment processing and telemarketing.  A previously-entered stipulated order

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