House Passes Bill Authorizing FTC to Seek Monetary Damages in Federal Court

  • The U.S. House of Representatives passed the Consumer Protection and Recovery Act, H.R. 2668, giving the Federal Trade Commission (“FTC”) an explicit authorization to seek monetary redress for consumers for harm caused by scams and antitrust violations.
  • H.R. 2668, which was supported by a bipartisan group of 28 AGs, allows the FTC to seek disgorgement in federal court and provides guidelines for calculating penalties. The bill was introduced following a unanimous Supreme Court decision in AMG Capital Management v. FTC, holding that existing laws do not allow the FTC to seek disgorgement in federal court.
  • Cozen O’Connor State AG Group member Meghan Stoppel recently analyzed the practical impact of the AMG Capital decision and predicted that this decision will further strengthen collaboration between the FTC and state AGs.