In a unanimous decision released on April 22, 2021, the U.S. Supreme Court upended decades of lower court precedent by finding that Section 13(b) of the Federal Trade Commission Act (FTC Act) does not authorize the FTC to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. Instead, in AMG Capital Management, LLC v. FTC,1 the Court pointed to other sections of the FTC Act, notably the administrative procedures contained in section 5 and the consumer redress available under section 19, as the proper legal avenues for the FTC to seek consumer redress and restitution in most cases. The ruling substantially curbs the FTC’s ability to obtain consumer redress under section 13(b), the FTC’s preferred means of seeking monetary damages due to its administrative efficiency compared to other Commission enforcement authority granted under the FTC Act.

Continue reading the full GT Alert.


1 AMG Capital Management, LLC et al. v. Federal Trade Commission, No. 19-508, 593 U.S. ___ (2021).

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Photo of Andrew G. Berg Andrew G. Berg

Andrew G. Berg Chairs the Global Antitrust Litigation & Competition Regulation Practice and advises clients on litigation, mergers and acquisitions, and other antitrust and competition-related matters before the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice (DOJ), state attorneys…

Andrew G. Berg Chairs the Global Antitrust Litigation & Competition Regulation Practice and advises clients on litigation, mergers and acquisitions, and other antitrust and competition-related matters before the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice (DOJ), state attorneys general, and in private litigation. Andrew’s practice includes a full range of antitrust transactional and mergers and acquisitions experience, including Hart-Scott-Rodino filings at the FTC and DOJ, and related merger analysis issues. He also counsels and litigates unfair and deceptive trade practice matters involving advertising, marketing, and financial and credit practices.

Photo of Miriam (Mimi) G. Bahcall Miriam (Mimi) G. Bahcall

Miriam G. Bahcall focuses her practice on a variety of financial services industry litigation and regulatory matters, as well as general commercial litigation. She has represented underwriters, broker-dealers, insurance companies, directors and officers in class action and derivative litigation. In addition, Mimi has…

Miriam G. Bahcall focuses her practice on a variety of financial services industry litigation and regulatory matters, as well as general commercial litigation. She has represented underwriters, broker-dealers, insurance companies, directors and officers in class action and derivative litigation. In addition, Mimi has represented broker-dealers, investment banks, investment management firms, and public issuers and their management and employees in investigations and disciplinary proceedings initiated by the SEC, FINRA, CBOE and state regulators. She has also conducted internal investigations of publicly traded domestic and foreign companies whose operations are in the United States and China. Additionally, Mimi has represented brokerage firms and their management in various customer-initiated cases, and injunction and arbitration proceedings.

Photo of Darren Abernethy Darren Abernethy

Darren J. Abernethy is a data privacy attorney with more than a decade of experience, including in AmLaw private practice in Washington, D.C. and as in-house counsel at startups and a leading privacy technology vendor. He advises clients on matters related to advertising…

Darren J. Abernethy is a data privacy attorney with more than a decade of experience, including in AmLaw private practice in Washington, D.C. and as in-house counsel at startups and a leading privacy technology vendor. He advises clients on matters related to advertising technology, privacy, data breach management, and FTC best practices.

Darren’s concentrations include the California Consumer Privacy Act (CCPA), the European Union General Data Protection Regulation (GDPR)/ePrivacy, digital advertising, direct marketing, and IP-related transactional matters.

Photo of David S. Repking David S. Repking

David S. Repking is an associate in the Litigation Practice of the firm’s Chicago office. His practice focuses on a wide variety of commercial litigation matters in both state and federal court, including complex business litigation, financial services litigation, securities litigation, and real…

David S. Repking is an associate in the Litigation Practice of the firm’s Chicago office. His practice focuses on a wide variety of commercial litigation matters in both state and federal court, including complex business litigation, financial services litigation, securities litigation, and real estate litigation. David regularly represents financial institutions in state and federal court on various matters and broker-dealers in FINRA arbitrations. David’s litigation experience also includes handling matters related to the False Claims Act (both criminal investigations and civil matters) and representing companies and individuals subject to government investigations and litigation.

Prior to entering law school, David earned undergraduate and graduate degrees in violin performance and was employed as a professional violinist, performing as a member of the violin section in the Kansas City Symphony and New World Symphony in Miami Beach, Florida.