Ross v. FTC
- Case Date: 6/30/2014
- Project Name: Civil Justice Reform
On October 6, 2014, the U.S. Supreme Court issued an order declining to review an appeals court decision that authorizes the Federal Trade Commission (FTC) to file lawsuits seeking restitution from businesses alleged to have violated the FTC Act’s prohibition against “unfair or deceptive” trade practices. The decision was a setback for WLF, which filed a brief urging review. WLF argued that if the FTC seeks restitution for FTC Act violations, it must first file an administrative proceeding against the alleged violator, and then file suit for restitution only after the administrative proceeding has culminated in issuance of a cease-and-desist order. WLF argued that the FTC Act provision relied on by the FTC as the basis for its monetary relief claims only authorizes suits for injunctions. WLF further argued that protecting the separation-of-powers principles embodied in the Constitution requires courts to be vigilant in preventing unauthorized power grabs by federal agencies.
More Information and Downloads:
6/30/2014: Download the Brief
Press Release: WLF Asks Supreme Court to Rein in FTC’s Enforcement Powers