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FTC free to fine – drops Equitable Remedy Policy

By  |  August 1, 2012

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    In a 4 to 1 vote the Federal Trade Commission voted to withdraw its nine year policy of only seeking cash remedies in “exceptional cases.” The FTC will instead rely on existing law to govern when to impose financial sanctions, which it says “provides sufficient guidance on the use of monetary equitable remedies.” While the FTC was quick to note that it will still use discretion in using disgorgement as a remedy, the lone dissenter, Commissioner Maureen K. Ohlhausen, is concerned that the board failed to ask for public comment before withdrawing , and contends that the board is now moving from “clear guidance to virtually no guidance” in seeking cash remedies.

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    Related content:  More than Law Enforcement: The FTC’s Many Tools – A Conversation with Tim Muris and Bob Pitofsky

     

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