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 to federal court under Section 13(b) of the FTC Act following the Supreme Court ruling that that the agency does not possess such statutory authority.
The coalition of AGs said that the Supreme Court decision “seriously undermines the FTC’s efforts to combat fraud and other anticompetitive or unfair trade practices … without such authority, consumers and businesses in the States will be deprived of what is rightfully theirs, wrongdoers will be allowed to retain the profits of their illegal conduct, and markets will become less competitive.” The AGs also stated that “the FTC’s ability to pursue equitable monetary relief under Section 13(b) should be restored not just for future enforcement actions, but also for cases currently being litigated.”
In short, the coalition of AGs has strongly urged Congress to “quickly restore the essential tools that FTC attorneys need to combat fraud and anticompetitive conduct and protect an honest marketplace.”
The letter was signed by the attorneys general of Alaska, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.
Richard B. Newman of Hinch Newman LLP is one of the leading FTC defense attorneys in the nation. He represents digital marketers that are subject to FTC CID investigations and enforcement actions.
Informational purposes only. Not legal advice. May be considered attorney advertising.