Question Presented (AI Summary)
Whether §13(b) of the Federal Trade Commission Act authorizes the Commission to demand monetary relief such as restitution
Question Presented (from Petition)
QUESTION PRESENTED The Federal Trade Commission Act, Pub. L. No. 63203, 38 Stat. 717 (1914) (codified as amended at 15 U.S.C. §§41 et seq.), generally “empower[s] and direct[s]” the Federal Trade Commission “to prevent” persons from using “unfair or deceptive acts or practices in or affecting commerce.” 15 U.S.C. §45(a)(2). By its terms, § 130) of the Act authorizes the Commission to seek “preliminary injunction[s]” and, “in proper cases,” “permanent injunction[s].” 15 U.S.C. §53(b). The question presented is: Whether §13(b) of the Act, by authorizing “injunction[s],” also authorizes the Commission to demand monetary relief such as restitution—and if so, the scope of the limits or requirements for such relief. (i)
Docket Entries
2021-05-24
JUDGMENT ISSUED.
2021-04-22
Judgment REVERSED and case REMANDED. Breyer, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-508_l6gn.pdf'>opinion</a> for a unanimous Court.
2021-01-13
Argued. For petitioners: Michael Pattillo, Fernandina Beach, Fla. For respondent: Joel R. Marcus, Washington, D. C.
2020-12-30
Reply of petitioners AMG Capital Management, LLC, et al. filed. (Distributed)
2020-12-09
The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
2020-12-07
Brief amicus curiae of Truth in Advertising, Inc. filed. (Distributed)
2020-12-07
Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
2020-12-07
Brief amici curiae of States of Illinois, et al. filed. (Distributed)
2020-12-07
Brief amicus curiae of Public Citizen filed. (Distributed)
2020-12-07
Brief amicus curiae of Open Markets Institute filed. (Distributed)
2020-12-07
Brief amicus curiae of American Antitrust Institute filed. (Distributed)
2020-12-07
Brief amici curiae of Remedies, Restitution, Antitrust, and Intellectual Property Law Scholars filed. (Distributed)
2020-12-04
Brief amici curiae of Former Federal Trade Commission Officials filed. (Distributed)
2020-12-03
Record requested from the U.S.C.A. 9th Circuit.
2020-11-30
Brief of respondent Federal Trade Commission filed.
2020-11-25
SET FOR ARGUMENT on Wednesday, January 13, 2021.
2020-11-19
Application (20A103) granted by Justice Kagan to file respondent's brief on the merits and petitioners' reply brief on the merits in excess of the word limits. Respondent's brief on the merits shall not exceed 15,500 words, and petitioners' reply brief on the merits shall not exceed 7,150 words.
2020-11-12
Application (20A103) to file respondent's brief on the merits and petitioners' reply brief on the merits in excess of the word limits, submitted to Justice Kagan.
2020-11-09
This case is no longer consolidated with No. 19-825, <i>Federal Trade Commission</i> v. <i>Credit Bureau Center</i>.
2020-09-25
Brief of petitioners AMG Capital Management, LLC, et al. filed (in 19-508).
2020-09-25
Brief of respondents Credit Bureau Center, LLC, et al. filed (in 19-825).
2020-08-20
Blanket Consent filed by Respondent, Federal Trade Commission
2020-08-10
Joint motion for alignment and extension of time to file the briefs on the merits filed.
2020-07-08
DISTRIBUTED for Conference of 7/8/2020.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-23
Supplemental brief of petitioners AMG Capital Management, LLC, et al. filed. (Distributed)
2020-06-22
DISTRIBUTED for Conference of 6/25/2020.
2020-04-28
DISTRIBUTED for Conference of 5/15/2020.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-20
Reply of petitioners AMG Capital Management, LLC, et al. filed.
2019-12-18
Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
2019-12-13
Brief of respondent Federal Trade Commission filed.
2019-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019.
2019-11-20
Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk.
2019-11-20
Brief amici curiae of Chamber of Commerce of the United States of America and National Retail Federation filed.
2019-10-18
Petition for a writ of certiorari filed. (Response due November 20, 2019)
2019-09-03
Application (19A252) to extend the time to file a petition for a writ of certiorari from September 18, 2019 to October 18, 2019, submitted to Justice Kagan.
2019-09-03
Application (19A252) granted by Justice Kagan extending the time to file until October 18, 2019.
Attorneys
43 Remedies, Restitution, Antitrust, and Intellectual Property Scholars
American Antitrust Institute
Americans for Prosperity Foundation
AMG Capital Management, LLC, et al.
Cause of Action Institute
Chamber of Commerce of the United States of America and National Retail Federation
Credit Bureau Center, LLC, et al.
Former Federal Trade Commission Officials
National Consumer Law Center, et al.
States of Illinois et al.
The New Civil Liberties Alliance
The Pharmaceutical Research and Manufacturers of America
Truth in Advertising, Inc.
Washington Legal Foundation