The Federal Trade Commission ("FTC" or
"Commission") recently announced that is has adjusted the
maximum civil penalty dollar amounts for violations of 16
provisions that the Commission enforces. The increase is required
by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, and is intended to account for inflation.
The act directs agencies to implement annual inflation adjustments
based on a prescribed formula. Given the uptick in FTC enforcement
actions, companies are likely to begin feeling the impact of the
increased penalties in the coming year.
As our readers likely recall, the Supreme Court's 2021
ruling in
AMG Capital Management LLC v. Federal Trade
Commissionremoved a powerful tool that the FTC had
previously relied on to pursue monetary relief in federal court.
The Supreme Court unanimously held that the Federal Trade
Commission cannot obtain equitable monetary relief, such as
disgorgement or restitution, when it pursues district