Will the FTC Need to Rethink Its Enforcement Playbook (Part II)? Circuit Split Casts Doubt on the FTC's Ability to Seek Restitution in Section 13(b) Suits [Updated July 17, 2020] [open pdf - 708KB]
From the Document: "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 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 other federal courts of appeals. The 'Credit Bureau Center' decision also adds to recent case law curtailing the FTC's enforcement authority under Section 13(b) in other respects, including a decision by U.S. Court of Appeals for the Third Circuit (discussed in an earlier Sidebar) limiting the FTC's ability to bring Section 13(b) suits at all."
CRS Legal Sidebar, LSB10388
Congressional Research Service: https://crsreports.congress.gov/