Tag Archives: Supreme Court

FTC loses powerful enforcement tool in consumer protection and antitrust matters due to Supreme Court decision

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 … Continue Reading

Supreme Court strikes physical presence requirement for sales tax, with big ramifications for the Internet economy

Reversing a 1992 precedent in Quill v. North Dakota, on June 21, 2018, the U.S. Supreme Court issued a decision in South Dakota v. Wayfair, Inc., holding that physical presence in a state is not necessary to require a remote seller to collect sales tax.  In many respects this decision sets the stage for states … Continue Reading

Nation on Hold for Supreme Court Carpenter v. United States Decision

On November 29, many interested audience members packed into the Supreme Court to witness oral argument on the issue of whether the Fourth Amendment demands that the government obtain a warrant in order to acquire long-term, cell-site location information (CSLI) from wireless service providers, in what could be one of the most influential privacy decisions … Continue Reading

Spokeo, Palatine Cases Discuss Negligible Harm from Privacy Breaches, Could Put Damper on Suits

A recent argument and non-decision at the Supreme Court could have significant effects on plaintiffs’ lawsuits under consumer data protection and privacy laws. Last week, the Court heard arguments on the standard of harm for establishing standing under the Fair Credit Reporting Act, and declined to review a Driver’s Privacy Protection Act case in which … Continue Reading

Supreme Court Ruling in Clapper v. Amnesty International Leaving Data Breach Class Actions in Danger?

In Clapper vs. Amnesty International, a group including journalists, human right activists, and labor leaders challenged the 2008 amendments made to the Foreign Intelligence Surveillance Act. The amendments included broadening the surveillance powers of the federal government with respect to communications outside the U.S. Plaintiffs claimed that their work required open communication with persons around … Continue Reading
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