Director Mike LeGower joined the ABA Our Curious Amalgam podcast episode “Can a Price Be Put on Harm? FTC Monetary Remedies and the Data-Driven Economy” to discuss how the FTC continues to look for ways to obtain money in consumer protection and privacy cases five years after the Supreme Court’s AMG Capital decision limited the FTC’s ability to seek monetary remedies under Section 13(b) of the Federal Trade Commission Act. The FTC is also grappling with how to define and measure consumer injuries and benefits in an increasingly data-driven economy, including through its 26 February workshop “Consumer Injuries and Benefits in the Data Driven Economy.”

During the episode, Dr. LeGower is joined by Our Curious Amalgam hosts Lexi Michaud and Anora Wang and Kelley Drye and Warren LLP Partner Laura Riposo VanDruff to discuss how the FTC is pursuing monetary relief after AMG, whether and how it might articulate clearer guidance for quantifying harm, and what companies should expect when facing privacy and data investigations by the FTC.