Category Archives: FTC

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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Did the Supreme Court Just Save the FTC’s Disgorgement Authority?

In March, in “Will the Supreme Court Save the FTC’s Disgorgement Authority,” I wrote about the oral argument before the Supreme Court in Liu v. SEC, which considered whether the Securities and Exchange Commission possesses disgorgement authority over federal securities … Continue reading

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