On April 22, 2021, the Supreme Court corrected a widespread misreading of an FTC Act remedy provision. The unanimous ruling was a victory for WLF, which filed an amicus brief urging the Court to overturn a Ninth Circuit decision that granted the FTC powers Congress never gave it. Section 13(b) of the FTC Act empowers the FTC to sue, in federal court, to obtain an injunction against deceptive trade practices. At least seven courts of appeals have said, however, that “injunction” in § 13(b) unlocks the entire vault of equitable remedies. The Supreme Court announced that all those decisions are wrong. As WLF explained in its brief, and the Supreme Court now confirms, it is solely for Congress to decide how, and by whom, statutes are enforced. The Court’s ruling thus restores modern and binding rules of statutory interpretation to the FTC Act. WLF’s brief was joined by the Allied Educational Foundation.
Supreme Court cert petition amicus brief