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FTC Can’t Seek Restitution Awards, 7th Cir. Says

Aug. 21, 2019, 11:59 PM

The Federal Trade Commission can’t seek restitution awards under a law authorizing it to seek injunctive relief against companies engaged in unfair business practices, the Seventh Circuit held Aug. 21.

The decision overturns Seventh Circuit precedent and breaks with eight other circuits that have held that the FTC may seek such awards, Judge Diane S. Sykes wrote for a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Accordingly, the decision was circulated to all the judges on the court. But a majority ruled against rehearing en banc, over a strong dissent by three judges.

The decision...

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