FTC Chair Urges Congress to Restore Agency Authority to Obtain Equitable Monetary Relief

FTC Acting Chair Rebecca Kelly Slaughter urged Congress to restore the FTC's ability to obtain monetary relief under Section 13(b) ("Temporary restraining orders; preliminary injunctions") of the Federal Trade Commission Act. As previously covered, in April 2021, the Supreme Court held in AMG Capital Management, LLC, et al. v. Federal Trade Commission that the FTC does not have the authority under Section 13(b) to seek equitable monetary relief.

In a letter to the Chair and the Ranking Member of the Senate Committee on Commerce, Science, and Transportation, Ms. Slaughter expressed support for H.R. 2668, which would codify the "traditional" understanding of Section 13(b) with the inclusion of a 10-year statute of limitations on monetary relief. Ms. Slaughter stated that this addition "strikes an appropriate balance" between "unbounded" liability and the need to provide refunds to harmed consumers.