AMG Capital Mgmt., LLC v. FTC

This case is consolidated with FTC v. Credit Bureau Center. Petitioner was an internet loan provider, and, starting in 2002, the Commission investigated Petitioner’s business practices. After the Commission brought suit, §13(b) was invoked as “preliminary and permanent injunctions” were sought. After Petitioner was found in violation of the FTCA, the district court permanently enjoined Petitioner from continuing to engage in similar lending activities, and found petitioner liable for the full amount of monetary relief lost by consumers. Petitioners argue that it was not Congress’s intention to allow monetary relief to be available under §13(b). This is because other parts of the FTCA do state that the Commission can “seek more than injunctions, and demand equitable relief” whereas §13(b) is silent on this. Additionally, Petitioners cites to Meghrig v. KFC Western, Inc., 516 U.S. 479 (1996) as governing precedent where the Supreme Court declined to allow additional remedies that are not found within the statutory text and to rebut earlier case law the government cites.