FTC 13(b) Supreme Court Case

TINA.org filed a brief as amicus curiae with the U.S. Supreme Court (in a case entitled AMG Capital Management, LLC v. FTC) in support of the FTC and its ability to use Section 13(b) of the FTC Act, 15 U.S.C. 53(b), to return money unlawfully taken from consumers.

Highlights

Filed brief as amicus curiae with SCOTUS
SCOTUS cited TINA.org’s brief in its opinion

Timeline

April 22, 2021: The Supreme Court publishes its opinion holding that the FTC does not have the authority to obtain consumer redress under Section 13(b) of the FTC Act.

January 13, 2021: The Supreme Court hears oral argument.

December 7, 2020: TINA.org files its amicus curiae brief in support of the FTC.

November 30, 2020: The FTC files its merits brief.

September 25, 2020: AMG Capital Management files its merits brief.

July 9, 2020: The Supreme Court of the United States (SCOTUS) grants a petition for a writ of certiorari. SCOTUS initially consolidates two cases — FTC v. Credit Bureau Center, LLC from the Seventh Circuit and AMG Capital Management, LLC v. FTC from the Ninth Circuit — as they both present the same issue. (After Justice Barrett joined the bench, however, SCOTUS deconsolidates the cases, deciding not to review the Credit Bureau case as it would have presented a conflict of interest for Justice Barrett.)

August 21, 2019: The Seventh Circuit Court of Appeals determines that Section 13(b)’s grant of authority to order injunctive relief does not implicitly authorize an award of restitution.

December 3, 2018: The Ninth Circuit Court of Appeals determines that Section 13(b) “empowers district courts to grant any ancillary relief necessary to accomplish complete justice, including restitution.”