1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Will the FTC Need to Rethink Its Enforcement Playbook (Part II)? Circuit Split Casts Doubt on the FTCs Ability to Seek Restitution in Section 13(b) Suits Updated July 17, 2020 UPDATE: On July 9, 2020, the
2、 U.S. Supreme Court agreed to review the Seventh Circuits decision in FTC v. Credit Bureau Center and the Ninth Circuits decision in AMG Capital Management v. FTC. The Court has consolidated these cases for briefing and oral argument. As discussed in this Sidebar, the issue in these cases is whether
3、 the Federal Trade Commission may obtain restitution in suits under Section 13(b) of the Federal Trade Commission Act. The original post from January 30, 2020 is below. In August 2019, the U.S. Court of Appeals for the Seventh Circuit held in FTC v. Credit Bureau Center, LLC, that the Federal Trade
4、Commission (FTC or Commission) cannot obtain restitution (i.e., repayment of money for consumer redress) in suits under Section 13(b) of the Federal Trade Commission Act (FTC Act). In so doing, the Seventh Circuit overturned its own precedent and created a split of opinion on this issue with eight o