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April 22, 2021 04:04 pm

Supreme Court Slashes FTC's Power To Seek Monetary Awards

The U.S. Supreme Court slashed the Federal Trade Commission's power to seek monetary awards in court, throwing out a legal tool the consumer-protection agency has used to collect billions of dollars over the past decade. From a report: The justices on Thursday unanimously said the FTC can't seek consumer redress when it invokes a provision that lets the agency go straight to federal court to try to stop an alleged fraud. The ruling is a triumph for business trade groups, which urged the court to curb the agency's powers. The FTC in 2012 dramatically ramped up its use of the decades-old provision to recoup money. The agency reported winning so-called restitution and disgorgement of almost $12 billion in 2016 alone, including $10 billion in a settlement with Volkswagen AG stemming from its diesel-emissions scandal. Writing for the court, Justice Stephen Breyer said the FTC retains other avenues to get restitution for consumers, though those tools involve a more complicated process. "If the commission believes that authority too cumbersome or otherwise inadequate, it is, of course, free to ask Congress to grant it further remedial authority," Breyer wrote.

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