Partner John Villafranco
and senior associate Mindy Pava
co-authored the Bloomberg Law
article, “INSIGHT: FTC Denied Restitution—Untangling the Knot or Immunity for ‘Brazen Scammers’ ?” The article, adapted from their Ad Law Access blog post, looks at the recent Seventh Circuit court decision in Federal Trade Commission v. Credit Bureau Center,
where the Seventh Circuit held that the FTC could not obtain restitution under Section 13(b), overturning the lower court’s decision to award $5.2 million in monetary relief. The decision represents a substantial limitation to the FTC’s enforcement power, as the agency previously has sought restitution when bringing deceptive practices claims in federal court.
John and Mindy discuss the ramifications of the decision and its potential impact on FTC enforcement powers.
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