Consumer Protection

CFA Urges Congress to Update Federal Trade Commission’s Enforcement Tools Under the FTC Act, Section 13(b)

Consumer Federation of America joined consumer and privacy organizations, representing millions of American consumers, in strong support of legislative action to ensure that the Federal Trade Commission has the full range of equitable authority to curb unfair, deceptive, fraudulent and anticompetitive acts and practices. While the FTC plays a critical role in protecting both consumers and businesses, the agency’s ability to protect consumers has been seriously compromised by the Supreme Court’s recent decision in AMG Capital Management, LLC, et al. v. Federal Trade Commission. In that case, the Court held that the Commission does not have the ability to obtain equitable monetary relief in its 13(b) enforcement actions. CFA urged Congress to act to amend the FTC Act to ensure that the Commission’s full slate of enforcement tools, including its ability to seek injunctive as well as monetary and equitable remedies on behalf of consumers affected by violations of the law, is preserved. Further, CFA urged that the Commission’s powers to protect consumers be expanded, not curtailed as some seek to do.