Category Archives: Direct Response

FTC Pleads with Congress to Save Its Monetary Authority

With its judge-made authority to obtain money from defendants under mortal assault in the federal circuits and facing the distinct possibility of burial by the Supreme Court this term, the Federal Trade Commission is asking Congress to preemptively save that … Continue reading

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Post-Liu, The Whittling Away of the FTC’s Monetary Authority Begins

As reported here (“Did the Supreme Court Just Save the FTC’s Disgorgement Authority,” June 2020), in June the Supreme Court, in Liu v. SEC, saved the Securities and Exchange Commission’s disgorgement authority, permitting it to continue to force securities law … Continue reading

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Relief Defendants Defeat CFPB Claim for Disgorgement

When a law enforcement agency like the Federal Trade Commission or Consumer Financial Protection Bureau seeks disgorgement of “ill-gotten gains” from alleged wrongdoers, and has reason to believe some of the funds were passed to a third party who had … Continue reading

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