In a ruling on April 22, 2021, the United States Supreme Court unanimously held that § 13(b) of the Federal Trade Commission Act (the Act) does not authorize the Federal Trade Commission (FTC) to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. The FTC previously used § 13(b) as a significant enforcement tool, recovering billions of dollars in a variety of cases, including telemarketing fraud, anticompetitive practices, data security and privacy, and deceptive practices.

Our recent client alert details the Supreme Court decision, how Congress reacted and how they plan to restore the FTC’s enforcement power.