RSS FEEDSRecent Posts
- NYDFS Provides Best Practices for Third-Party Risk Management
- Recent State Biometric Privacy Bills Put Spotlight On Federal Regulation
- U.S. Supreme Court Curtails FTC’s Authority to Obtain Restitution and Disgorgement
- (Don’t) Send in the Drones
- Utah Becomes Second State to Adopt a Safe Harbor for Compliance with a Written Cybersecurity Program
- Requirements for Businesses under Virginia’s New Consumer Data Protection Act
- Putting M.D. Anderson in Context: Unpacking the 5th Circuit Dismissal of HIPAA Penalties
- Eleventh Circuit Joins Courts That Have Declined to Find Standing Based on Alleged Substantial Risk of Identity Theft Resulting From a Data Breach
- U.S. Department of Commerce Proposed Restrictions to Secure the IT Supply Chain
- Ransomware On the Rise: Unwary Victims May Pay Twice
Showing 2 posts in FTC.
U.S. Supreme Court Curtails FTC’s Authority to Obtain Restitution and Disgorgement
Yesterday, the U.S. Supreme Court, in AMG Capital Management, LLC v. FTC, sharply curtailed the ability of the Federal Trade Commission to obtain restitution and disgorgement in enforcement actions. In a 9-0 decision, the court found that Section 13(b) of the FTC Act, which authorizes the FTC to seek permanent injunctions in federal court, did not also authorize the Commission to obtain court-ordered monetary relief. More
Considerations When Receiving a Civil Investigative Demand
A number of U.S. federal agencies have authority to issue a type of administrative subpoena called a Civil Investigative Demand (“CID”) to obtain relevant information as part of an investigation. For example, both the Federal Trade Commission (“FTC”) and the Consumer Financial Protection Bureau (“CFPB”) have authority to issue CIDs to obtain documents and testimony in investigations related to privacy, data security, deceptive marketing, and financial fraud. This article identifies some items to consider when receiving a CIDs based on my experience issuing and reviewing hundreds of CIDs as an enforcement attorney in the Chicago office of the FTC. More