The Legal Pulse post argued the federal courts cannot review FTC’s decision-making on whether or not to enforce a consent order. Judge Amy Berman Jackson ruled that the applicable law and precedents dictated that same conclusion. She rejected EPIC’s overly liberal interpretation of the Federal Trade Commission Act that FTC had an absolute duty to enforce a settlement agreement, and upheld FTC’s authority to decide when to utilize its enforcement power.
No word yet on whether EPIC will appeal to the D.C. Circuit. For the sake of FTC’s conserving its taxpayer resources for its actual mission, let’s hope they don’t.