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Crowell & Moring's Litigation Forecast 2022

Branding – The FTC Flexes Its Muscles

Contributors: Lauren Aronson

January 12, 2022

[Article PDF]

The commission is finding creative ways to get civil penalties from online marketers after an unfavorable Supreme Court decision

Rather than being chastened by a blockbuster 2021 Supreme Court decision that severely curtailed its power to impose monetary penalties, the Federal Trade Commission has made it clear that it will aggressively pursue new enforcement strategies, especially in policing how businesses market themselves on the internet, says Crowell & Moring Advertising & Media partner Lauren Aronson.

In a unanimous ruling last spring, the Court found that the FTC did not have authority to ask federal courts to order restitution, disgorgement, or other monetary relief, overturning a $1.27 billion ruling against online payday lender AMG Capital Management. It also stripped the commission of the enforcement mechanism it had been using to collect billions more from dozens of companies, including purveyors of weight loss programs, dietary supplements, and clothing.

Read the complete article in the Litigation Forecast 2022

Lauren Aronson
Partner – Washington, D.C.
Phone: +1.202.624.2541

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