Katrina G. Eash and John C.C. Sanders
In April of this year, the Supreme Court’s unanimous AMG Capital decision significantly limited the FTC’s enforcement power by ending its ability to recover monetary damages against defendants under Section 13(b) of the FTC Act. We’ve warned before that the impact of AMG Capital is limited and that the FTC still has multiple ways to cause pain for direct sellers and other companies within its jurisdiction. And a recent decision out of the Northern District of Texas underscores the fact that AMG Capital did not leave the FTC powerless.
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