How The FTC Is Imposing Monetary Remedies Post-AMG

22 July 2022
Dr. Andrew Stivers

Associate Director Dr. Andrew Stivers has published “How the FTC Is Imposing Monetary Remedies Post-AMG” in Law360. Dr. Stivers’ paper discusses the Federal Trade Commission’s response to the US Supreme Court decision to block the FTC’s long-standing use of Section 13(b) of the Federal Trade Commission Act as authority to collect equitable monetary remedies. Despite the Supreme Court’s ruling against the FTC, most consumer protection cases in the past year imposed monetary remedy: Of the 28 cases finalized since AMG was decided, 86% have included monetary remedy either through the commission, a state, or directly to consumers.

Dr. Stivers explores the potential factors that may explain the high percentage of cases with monetary remedy and identifies the two most straightforward strategies the FTC has employed to replace its reliance on Section 13(b).