On October 8, 2020, Len Gordon, Mary Gardner, and Mike Munoz published “Supreme Decisions: High Court Weighing FTC’s Enforcement Authority” on the Performance-Driven Marketing Institute’s (PDMI) website. The following is an excerpt:
This fall, the U.S. Supreme Court is set to hear two consolidated cases that will have a far-reaching impact on the advertising and marketing industry. The issue before the court is whether the Federal Trade Commission (FTC) can obtain equitable monetary relief, such as disgorgement, under Section 13(b) of the FTC Act — and, if so, how that relief might be measured.
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