FTC Acting Chair Rebecca Kelly Slaughter urged Congress to restore the FTC's ability to obtain monetary relief under Section 13(b) ("Temporary restraining orders; preliminary injunctions") of the Federal Trade Commission Act. As previously covered, in April 2021, the Supreme Court held in AMG Capital Management, LLC, et al. v. Federal Trade Commission that the FTC does not have the authority under Section 13(b) to seek equitable monetary relief.
In a letter to the Chair and the Ranking Member of the Senate Committee on Commerce, Science, and Transportation, Ms. Slaughter expressed support for H.R. 2668, which would codify the "traditional" understanding of Section 13(b) with the inclusion of a 10-year statute of limitations on monetary relief. Ms. Slaughter stated that this addition "strikes an appropriate balance" between "unbounded" liability and the need to provide refunds to harmed consumers.
Primary Sources
- FTC Press Release: Response from FTC Acting Chairwoman Slaughter to Letter from the U.S. Chamber of Commerce Regarding Section 13(b) of the Federal Trade Commission Act
- FTC Comment Letter: Acting Chair to Senate Committee Regarding Section 13(b)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
