In AMG v. FTC, the Supreme Court undercut FTC’s privacy enforcement capability with its holding that “Section 13(b) [of the Federal Trade Commission Act] does not authorize the Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.”
The Court cited the differing appellate court interpretations of relief available under Section 13(b) in granting cert to the question presented.
Background of FTC Monetary Relief
The key administrative enforcement history is summarized by the Court as follows (emphasis added):
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