Supreme Court of the United States · Official docket →
Credit Bureau Center, LLC, et al. v. Federal Trade Commission
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-2847, 18-3310 · judgment August 21, 2019
Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a business petitioner.
Question presented
Section 13(b) of the FTCA expressly authorizes the commission to “file suit” to enjoin allegedly false, misleading or deceptive trade practices with a temporary restraining order, preliminary injunction “pending the issuance of an administrative complaint” when an individual or corporation is “violating, or about to violate” the FTCA. If an administrative complaint is not filed within twenty days of issuance of temporary or preliminary injunctive relief, the injunction must be dissolved. Section 19 provides an elaborate enforcement scheme that authorizes the FTC to file direct enforcement actions in the district court for relief including but not limited to consumer redress, refunds, restitution and an unqualified grant of full equitable “relief as the court deems necessary.” The question presented is: Whether Section 13(b)’s second proviso providing that the FTC “may seek” a permanent injunction is an independent grant of authority to “file suit” seeking implied consumer redress remedies circumventing the elaborate enforcement scheme set by Congress?
Counsel of record
For petitioner
Neal Kumar Katyal
Milbank LLP
For respondent
Alden Francis Abbott
U.S. Federal Trade Commission
Proceedings
- Jul 09 2020Petition DENIED.
- Jul 08 2020DISTRIBUTED for Conference of 7/8/2020.
- Jun 29 2020DISTRIBUTED for Conference of 7/1/2020.
- Jun 22 2020DISTRIBUTED for Conference of 6/25/2020.
- Apr 28 2020DISTRIBUTED for Conference of 5/15/2020.
- Apr 02 2020Rescheduled.
- Apr 01 2020DISTRIBUTED for Conference of 4/17/2020.
- Apr 01 2020Reply of petitioners Credit Bureau Center, et al. filed.
- Mar 23 2020Brief of respondent Federal Trade Commission in opposition filed.
- Feb 20 2020Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
- Feb 19 2020Motion to extend the time to file a response from February 21, 2020 to March 23, 2020, submitted to The Clerk.
- Jan 20 2020Petition for a writ of certiorari filed. (Response due February 21, 2020)
- Nov 18 2019Application (19A528) granted by Justice Kavanaugh extending the time to file until January 18, 2020.
- Nov 09 2019Application (19A528) to extend the time to file a petition for a writ of certiorari from November 19, 2019 to January 18, 2020, submitted to Justice Kavanaugh.